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HomeMy WebLinkAbout3960 APPEALS BOARD MEMBERS 'i= `, ' `� ►�, SCOTT L. HARRIS Supervisor Gerard P. Goehringer, Chairman `� r .9.A Charles Grigonis, Jr. �! Town Hall, 53095 Main Road Serge Doyen, Jr. P.O. Box 1179 Joseph H. Sawicki Southold, New York 11971 James Dinizio, Jr. BOARD OF APPEALS Fax (516) 765-1823 Telephone (516) 765-1809 TOWN OF SOUTHOLD Telephone (516) 765-1800 ACTION OF THE BOARD OF APPEALS Upon Application of THOMAS SARGENT for a Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.3 for approval of insufficient area, width and depth of parcels, each with an existing single-family dwelling, in this pending division or reseparation of merged properties, and for approval of reduced yard setbacks between existing structures and property lines as proposed. Property location: Private Road off Fox Avenue, Fishers Island, NY; County Tax Map No. 1000-006-06-007. WHEREAS, public hearings were held on July 25,.: 1990 and on September 26, 1990, in the Matter of the Application of THOMAS SARGENT under Appeal No. 3960; and WHEREAS, at said hearings all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, Board Members have personally viewed and are - familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. The premises in question is located in the "Low-Density Residential R-40" Zone District and is referred to as District s 'S , lip Page 2 - Appl. No. 3960 Matter of THOMAS SARGENT Decision Rendered October 17, 1990 1000, Section 006, Block 06, Lots 012 and 007 on the Suffolk County Tax Maps, situate along a private right-of-way off Fox Avenue, Fishers Island, Town of Southold, New York, as conveyed to Thomas A. Sargent and Allison D. Ijams. 2. The subject premises as exists: (a) contains a total combined lot area of 26,98.3+-sq. �. ft. and has frontage along a private right-of-way off Fox Avenue; (b) was conveyed by separate deeds to the Sargents as follows: (1) County Tax Map Lot No. 12 was conveyed on May 20, 1987 by deed at Liber 10330 cp 251 from Cecilia Smith Abbott; (2) County Tax Map Lot No. 7 was conveyed on Novem- ber 3, 1986 by deed at Liber 10169 cp 01 from J.B. Hartsfield and Audrey Hartsfield; (c) the minimum lot area requirement in effect during the 1986 and 1987 conveyances was 80,000 sq. ft. per lot and were merged due to common ownership. 3. Article IIIA, Section 100-30A.3 of the current zoning code (as amended January 9, 1989) requires a minimum lot area per lot of 40,000 square feet. 4. The relief sought by this application is a variance for approval of: (a) proposed Lot #1 with a lot area of 4,938 sq. ft. and lot width of 40. feet, said land presently improved with an existing one-family dwelling and accessory garage structure; . (b) proposed Lot #2 with a lot area of 5,331+- sq. ft. and lot width of 44.92 feet, said land presently improved with an existing one-family dwelling; (c) proposed Lot #3 with a lot area of 16,714 +- square feet and 25 ft. frontage along a private right-of-way, said land also improved with an existing single-family dwelling and accessory (storage) shed structure. 5. For the record,' it is noted that: Page 3 - Appl. No. 3960 Matter of THOMAS SARGENT Decision Rendered October 17, 1990 (a) the subject premises are nonconforming not only as to lot area and width but as to the number of separate dwelling units {three of which are believed to be preexisting of zoning) , however, a Certificate of Nonconforming Premises and Buildings (Pre-COs) for Lot Nos. 7 and 12 must be obtained and be in full force and effect prior to effectuation of this variance; (b) lots adjacent to the subject premises to the north '. consist of lot areas each of approximately 6,000 sq. ft. in area; 6. In considering this application, the Board also finds and determines: (a) the relief as granted will not in turn increase the dwelling unit density, since there are three preexisting dwellings; (b) the evidence submitted and practical difficulties claimed are sufficient to warrant a grant of this variance; (c) there will be no substantial change in the character of the neighborhood or detriment to adjoining properties for reasons as noted in the above paragraphs; (d) the difficulties cannot be obviated by some method feasible to the appellant to pursue, other than a variance; (e) that in view of the manner in which the difficulties arose, and in considering all the above factors, the interests of justice will be served by granting the variance, as conditionally- noted below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Doyen, it was RESOLVED, to GRANT the relief as requested (and noted in paragraph #4, supra) , in the Matter of the Application of THOMAS SARGENT under Appl. No. 3960, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That there be no further subdivision, set-off or conveyance of land other than that as applied for and as shown 'by the minor subdivision plan dated August 6, 1990, prepared by Chandler Palmer & King; 2. That the accessory shed structure on Lot #3 (referred to as 16,714 sq. ft. ) be used only for storage purposes {and never to be converted or used for sleeping or habitable purposes} ; 3 . That the accessory garage (gar. & apt. ) structure on proposed Lot #1 may continue its present nonconformance (without any increase in size) for a period of not more than ten (10) years, or when the structure is abandoned or. permanently vacated by the present tenant, whichever shall occur first. The ;7W Page 4 - Appl. No. 3960 Matter of THOMAS SARGENT Decision Rendered October 17, 1990 occupancy of this nonconforming garage-apartment shall then automatically cease and become null and void, and the kitchen and cooking facilities must be removed, returning the use of the building to an accessory storage/garage building without evidence of sleeping quarters or habitability. Vote of the Board: Ayes: Messrs: Goehringer, Grigonis, Doyen and Dinizio. (Absent was: Member Sawicki. ) This - resolution was duly adopted. lk ZGERARD P. GOEHRI-LAGER, C IRMAN �� 'APPEALS BOARD MEMBERS .�-. � .:,.,a. *�'� SCOTT L. HARRIS Supervisor Gerard P. Goehringer, Chairman Charles Grigonis, Jr. J.Serge Doyen, Jr. Town Hall, 53095 Main Road P.O. Box 1179 Joseph H. Sawicki Southold, New York 11971 -James Dinizio, Jr. BOARD OF APPEALS Fax (516) 765-1823 Telephone (516) 765-1809 TOWN OF SOUTHOLD Telephone (516) 765-1800 NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting, at the Southold Town Hall, Main Road, Southold, NY 11971 on WEDNESDAY, SEPTEMBER 26, 1990, at the following times: •7:30 p.m. Appl. No. 3961 - VENETIA MCKEIGHAN. Variance to the Zoning Ordinance, Article III, Section 100-33, as disapproved, for permission to construct an accessory structure (gazebo) in an area other than the required rear yard. Property location: 495 Bayview Avenue, Southold, NY; County Tax Map No. 1000, Section 052, Block 05, Lot 23. 5 S Page 2 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of September 26, 1990 7:35 p.m. Appl. No. 3962 - HAROLD GORDON. Variance to the Zoning Ordinance, Article XXIV, Section 100-244 B, as disapproved, far to-construct an (deck) addition -to existing residence. Proposed construction will have insufficient side yard setback(s) . Property Location: 124 Hickory Avenue, Southold, County Tax Map No. 1000, Section 78, Block 7, .Lot 50. 7:40 p.m. Appl. No. 3966 - PETER BLOOM. Variance to the Zoning Ordinance, Article III A, Section 100-30 A.3 , as disapproved, for permission to construct a deck addition to existing dwelling. Proposed construction will have insufficient side yard setbacks. Property location: .40 Old Shipyard Lane amd 580 L'Nommedieu, -Southold; Comfy Tax;Map No. 1000, Section 64, Block 2, Lot 53. 7:45 p.m. Appl. No. 3964 - KENNETH MINNICK. Special Exception to the Zoning Ordinance, Article III, Section 100-31 B(14) , as disapproved, for permission to establish accessory apartment in proposed addition to existing one-family dwelling structure. Property location: 3305 Aldrich Lane, Laurel, County Tax Map No. 1000, Section 124, Block 1, lot 3.2. L= Page 3 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of September 26, 1990 7:50 p.m. Appl. No. 3967 - KIM CAMPBELL. Variance to the Zoning Ordinance, Article III, Section 100-33 , as disapproved, nn to ronstr=t accessory garage in an area-other than the required rear yard area. Property Location: East End Road, Fishers Island, NY; County Tax Map No. 1000, Section 004, Block 004, Lot 016. 7:55 p.m. Appl. No. 3963 - FRANK CURRAN. Variance to the Zoning Ordinance, Article III, Section 100-30 A. 4 (100-33) and Article XXIII, Section 100-239.4 B, as disapproved, for permission to construct an accessory building in an area other than the required rear yard area and with a setback of less than 75 ft. from, the bulkhead. Property Location: 780 Haywaters Road, (Peconic Bay Properties Subdivision):, Cutchogue, County Tax Map No. 1000, Section 111, Block 1, Lot 16. 8:00 p.m. Appl. No. 3960 - THOMAS & ALLISON SARGENT. Variance to the Zoning Ordinance, Article III A, Section 100-30 A.3, for approval of insufficient area, width and depth of parcels, each with an existing single-family dwelling, in this pending division or reseparation of merged properties, and for z� Page 4 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of September 26, 1990 approval of reduced yard setbacks between existing structures and property Sines, as proposed- proposed .ranstxuction of new lots will have insufficient .width, depth and total lot area for this district. Property Location: Private Road of Fox Avenue, Fishers Island, County Tax Map No. 1000, Section 06, Block 06, Lot 07. 8:05 p.m. Matters of JAMES, PETER & CHRIS MESKOURIS. Appeals No. 3951 and 3957 - Variances to the Zoning Ordinance, Article IIIA, Section 100-30 A. 3, Article XXIII, Section 100-239. 4 (100-239d) , and Article III, Section 100-31A, for proposed deck construction which requires approval as to insufficient sideyards, excessive lot coverage, and reduced setback from the minimum required from the ordinary highwater mark of Long Island Sound, and for approval of this substandard parcel for dwelling use 1 as exists) (re-separate Lots that are merged) . Property Location: 1350 Sound Beach Drive, Mattituck, County Tax Map No. 1000, Section 106, Block 1, Lot 36 and Lot 37. Lt Page 5 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of September 26, 1990 8:20 p.m. Appl. No. 3955 - DOMINICK SBLENDIDO & A. AURIC H 0- Variance .to .the Zoning Ordinance, Article 211 A, Sections 100-30A.2 (100-31A) and 100-30 A.3, Article XXIII, Section 100-230 (A) , for interpretation regarding second kitchen and for permit concerning addition to the existing one-family dwelling for use as a second dwelling unit. Property Location: 185 Inlet Lane, Greenport, County Tax Map No. 1000, Section 43, Block 004, Lot 37. 8:55 p.m. Appl. No. 3938 - VILLAGE MARINE. Variances to . the Zoning Ordinance, Article XI, Section 100-112, Article XII, Section 1007111C(1) , Article XXIII, Section 239.4, and Article XIX, for permission to construct addition to existing principal building with insufficient setbacks from the bulkhead, the Qasterly (rear) -property line, .Ma inta;n;ng the nonconfnTm;nq northerly (side) setback, and to locate boat storage structure (boat rack) with insufficient setbacks from the northerly (side) , westerly, easterly property lines, and bulkhead. Also requested is relief, as may be deemed necessary concerning parking and/or landscaping under the current revisions of the site plan regulations. Zone District: Marine I (M-I) . Property location: James Creek, east side of Bay Avenue, L= Page 6 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of September 26, 1990 Mattituck, NY; County Tax Map District 3DD0, Section 122, Block 3 , Lot 15.1 The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in each of the above matters. Written comments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before time allotted. Additional time for your presentation will be available, if needed. For more information, please call 765-1809. Dated: September f, 1990_ BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GFRARD P. GOEHRINGER CHAIRMAN By Linda Kowalski z= SCOTT L. HARRIS APPEALS BOARD MEMBERS a►s` ,,• Gerard P. Goehringer, Chairman � '��.;��, �� Supervisor Charles Grigonis, Jr. `'"���� y+►�Serge Doyen, Jr. Town Hall, 53095 Main Road Joseph H. Sawicki P.O. Box 1179 Southold, New York 11971 James Dinizio, Jr. BOARD OF APPEALS Fax (516) 765-1823 Telephone (516) 765-1809 TOWN OF SOUTHOLD Telephone (516) 765-1800 NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting, at the Southold Town Hall, Main Road, Southold, NY 11971, on WEDNESDAY, JULY 25, 1990, at the following times: 7:30 p.m. Appl. No. 3954 - PHILIP SALICE. Variance to the Zoning Ordinance, Article III A, Section 100-30A.4 (100-33) , Article XXIII, Section 100-239.4 B, for permission to construct. an accessory shed and deck with gazebo. Accessory shed is less than 3 ft. from a lot line, gazebo is located in the front yard . and gazebo and deck are less than 75 ft. from the bulkhead. Property Location: 1945 Bayview Avenue, Mattituck, County Tax Map No. 1000, Section 106, Block 06, Lot 37. Page 2 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of July 25, 1990 7 :35 p.m. Appl. No. 3960 - THOMAS & .ALLISON SARGENT. Variance to the Zoning Ordinance, Article III A, Section 1 100-30A.3, for permission to subdivide a non-conforming lot. 1 Proposed construction of new lot will have insufficient width, Idepth and total lot area for this district. Property Location: '` Private Road of Fox Avenue, Fishers Island, County Tax Map No.' 1000, Section 06, Block 06, Lot 07 . 7 :40 p.m. Appl. No. 3955 - DOMINICK SBLENDIDO & A. AURICCHIO. Variance to the Zoning Ordinance, Article III A, Section 100-30.3, Article XXIII, Section 100-230 (A) , Article III A, Section 100-30A.2 A(1) (100-31A) , for permission to construct an addition to existing one family dwelling. Proposed. construction is not a permitted use (1) one-family detached dwelling not to exceed one (1) dwelling on each lot (a two family dwelling is not a permitted use) . Property Location: 185 Inlet Lane, Greenport, County Tax Map No. 1000, Section 43, Block 004, Lot 37 . Page 3 - Notice of Hearings , Southold Town Board of Appeals • Regular Meeting of July 25, 1990 7: 45 p.m. Appl. No. 3956 - LlOYD GATES. Special Exception to the Zoning Ordinance, Article X, Section 100-101B, for permission to Occupy and use as a Billiard parlor for commercial recreation. Property Location: 46250 County Road 48, Southold, County Tax Map No. 1000, Section 55, Block 5, Lot 7 . n 7:50 p.m. Appl. No. 3701 - CHARLES ZAHRA. Variance to the Zoning Ordinance, Article XXV, Section 100-243, Article XXV, Section 100-244, for permission to continue to use the second floor apartment as a non-conforming use. Property Location: 140 Pike Street, Mattituck, County Tax Map No. 1000, Section 141, Block 4, Lot 5. 7 : 55 p.m. Appl. No. 3915 - JORDAN' S PARTNERS. Variance to t the Zoning Ordinance, Article VII, Section 100-71, as disapproved, for permission to construct office and retail stores. Proposed construction is not a permitted use in this District. Property Locations: 1000, Main Street and 160 Main Road, Greenport, County Tax Map No. 1000, Section 34, Block 2, Lot 1. Page 4 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of July 25, 1990 The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in each of the above matters. Written comments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before time allotted. Additional time for your presentation will be available, if needed. For more information, please call 765-1809. Dated July 17, 1990 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Doreen Ferwerda FORM NO.3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD,N.Y. NOTICE OF DISAPPROVAL Date . .June,25.. . . . . . . . . . . . . . . .. 19 .90. . To Thomas A. 6,Allison Sargent. . . . . . . Z Hichael W. Hills . . . .206.g0ANOK13.AW.. . . . . . . . . . . . . . . . . . RIVERHEAD, N.Y. 11901 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PLEASE TAKE NOTICE that your application dated . .June. 19. . . . . . . . . . . . . . . . .. 19 .90. . for permit to subdivide a o nn-conforming lot . . . . . . . . . . . . . . . . . . . . . . . . at Location of Property Pvt: Rd: off Fox Ave: Fishers Island . House No. Street Hamlet County Tax Map No. 1000 Section . . .06. . . . . . . . . Block . .06. . . . . . . . . . Lot . . .Q7. . . . . . . . . . Subdivision . . . . . . . . . . . . . . . . . Filed Map No. . . . . . . . . . . . . . . . . Lot No. . . . . . . . . . . . . . . . . . is returned herewith and disapproved on the following grounds .Under Article.IIIA. . . . . . . . . . . Section 100-30A3--nronosed new lot will have insuffi.ciPnt.widthi .riPnth. . . . . . . . . and total lot area for this district. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • . . • • • . . . . . . . . . . . . . . . . . . . . . . • . . . . . . . • . . . . . . • . . . . . . . . S • • • • . . . . . . • . . • . • . . • . . • . . . . • . . • . . • . . • . . . . • . . . • . • . • . • • • • . . • • . • . . . . . . . . . . . • . • . . . • • • • • . . . . . . . . . . . . . . . . • . . . . .. . . . . . . . . . • . . . . . . . . . . . . . . . . . . . • • . . . • . . . . . • . . • • . . • . • • • . . . . . • . . . . . . . . . .. • . . . . . . . . . . • . . . . . . . . • • . • • . . • • • . . • • . . • • • . . • . • . • • . • • . . • . . • . . . . . . • . • • . . . . . . . . • . . . . . • . • • . . . . • . . . . . • . . • • • • . . . • . • . ui ng Inspector THOMAS J. FISHER RV 1/80 TOWN OF SOUTHOLD, NEW YORK APPIjOL FF{, #01:119ECISION OF BUILDING INSPECTOR APPEAL NO. ?��� DATE ..June,,,,,,,,,,,,l 9 9 0 d1�Mi 1�VIG� JaiVd f1 TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, �) THOMAS A. SARGENT 16 Ma le Park .................................................of ...............P............................................................ Name of Appellant Street and Number 02159 Newton flassachusetts HEREBY APPEAL TO .............................:............................................................... ............................ Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO. .................................... DATED ...................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO TH014AS A. SARGENT ................................................................................. Name of Applicant for permit of 16 Maple Park, Newton, Massachusetts.,...02159...., ,.. . . Street and Number Municipality .State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY (KX) Variance to area and front and side yard requirements 1. LOCATION OF THE PROPERTY R���I S of Fox �v.. ..�. Fishers Island...................... Street /Hamlet / Use District on Zoning Map District 1000 Section 06 Block 06 Lot 007 Current Owner Sargent Thomas A. Map No. Lot No. prior Owner PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Art icIeyj.tl� Section 100 -30pr3 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) (XX) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Low Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 ( ) 4. PREVIOUS APPEAL A previous appeal (has) (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance andwas made in Appeal No. ................................Dated ................................................................... .. REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (xA A Variance to the Zoning Ordinance is requested for the reason that the area and front, rear and side yard requirements be reduced to meet the existing conditions on these lots. Applicant is simultaneously applying to the planning board for approval of a minor subdivision of his property into two (2) lots . There are presently two (2) homes on one (1) piece of property together with a garage and apartment. Applicant will not change any of the buildings on the premises so they will not be any closer to an adjoining property Form zs1 (Continue on other side) ' r owner than now exists. The population density will not change. The distance between the existing .buildings within the premises will not change. The character of the neighborhood will not be affected since all properties in this area are on extremely small pieces of land. One building across the street from the subject property will be closer to front line than any of the structures on this property will be closer to side lines. The fact of the matter is that even if turned down the structures will remain in the same manner. Applicant has a financial hardship .in that ,his .property is larger than most of the other properties in his area. In the downturning real estate market,applicantwill be able to recoup some of his investment by selling off one of these lots. It will increase the tax base of the town by having two (2) separate parcels. , The houses on the applicant's property were erected in the 1890s, prior to the enactment of zoning regulations. As a result of zoning regulations the properties were involuntarily. merged. The applicant's predecessor in title did not take steps to checkerboard the properties to prevent a merger. REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because See statement attached to reason for appeal. 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because See statement attached to reason for appeal . 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE, CHARACTER OF THE DISTRICT because See statement attached to reason for appeal. CRUSER, HILLS, HILLS & BESUNDER STATE OF NEW YORK ) s BY:s .... ... .. .... .............. ..... ... ...... . ......... M COUN OF SUFFOLK ) Signa MICHAEL N. HILLS , Attorney for Thomas A. Sargent Sworn t this .............. It ...... .... day of........June....................................... 19 90 .............Notar � L/3u21 tle"'eSco 6-il-re OF rJC'w�,,trp� F x0_e 6/707_ TOWN OF SOUTHOLD'- PR-OPERTY RECORD CARD �Y OWNER STREET VILLAGE DIST. SUB. LOT FORMER OWNER N E ACR. :�: .:;k :•_.. ;� Y044 S W TYPE OF BUILDING RES.v 7 SEAS. VL. FARM COMM. CB. MISC. Mkt. Value LAND IMP. TOTAL DATE -REMARKS ea 0, 2z YO O 69 Dr) L ,553 L 101 e,9 p en(i' —fa 5::zrcrEi4+- I .d.4� Soo 25©0 3©0o s <to <a _ Cc ..Scoo AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FARM Acre . Value Per Value 4<,' ;Nf' Acre ..y'. Tillable 1 ;. Tillable 2 ` Tillable 3 Woodland Swampland FRONTAGE ON WATER 4. Brushland FRONTAGE ON ROAD House Plot DEPTH ` BULKHEAD Total�•• � ,.., ..� DOCK ?a. -• +.. W...i .1{ ' fr .C• ?, Y ■NOON■ NOON ■■■■■■■■■■■■■■ mom ■■ � , N�Jl7�C�J�1 ■■■■e MONO■N■O■■■■■■ f.: ■A� 1� ■■�■■■■■■■�■�,■■■■■ MW NONE NOON■ 7: ■■■!�NOON■■NN�I�1 NOON■■ ■■■■■�i■ ■■ r� .NOON■/ 4 , jt4 of y EM■■■■■■■■ . �. ,, ■■■■NOR Now■' MMEMMUENIENE`zVyy+ .:'ti `, ,,` , - ■■■■■■■�,■■■■. NOON■ .r• fir �}•;`t' , }` ����.�i''.VS. .V!����.+` t ���'■■■■®■ - h ;. r r. _.: . �+. ., . '' ,, ■NOON■■ �■,�i�. ■■■■■�■■;■■■■■■ ■■■■■■■ t1lLPd��JI ■■■■■■EMEN■■■■ ■■■■■■■■■■� ■■■■■■■■■■■■■■ ■■■®■■■�■■■ ■■■■■■■■■■■■■■ ■■■■■■■ ■■■■ ■■■■■■■■■■■■■■ . .. F, Bath .; .. . � • tA Basement Fire Place Kv Recreation Room =MDriveway f e+ r . sCMQ V E _iAN 151991 PLANNING BOARD MEMBERS Bennett.Orlowski, Jr., Chairman Supervisor a George Ritchie Latham, Jr. Richard G. Ward Town Hall, 53095 Main Road Mark S. McDonald P.O. Box 1179 Kenneth L. Edwards Southold, New York 11971 PLANNING BOARD OFFICE Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 January 15 , 1991 Michael N. Hills Cruser, Hills, Hills & Besunder 206 Roanoke Avenue Riverhead, New York 11901 RE: Minor Subdivision Thomas A. Sargent SCTM#1000-6-6-7 Dear Mr. Hills: The following resolution was adopted by the Southold Town Planning Board at a meeting held on Monday, January 14, 1991. Be it RESOLVED that the Southold Town Planning Board, acting under the State Environmental Quality Review Act, assume lead agency, make a determination of non-significance, and grant a Negative Declaration on this unlisted action. Enclosed please find a copy of the Negative Declaration for your records. Very truly yours, Bennett Orlowski, Jr. 'mS Chairman Encl. PLANNING BOARD MEMBERS ; u; 1. ' 1 SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman z. `"')' Supervisor George Ritchie Latham, Jr. Richard G. Ward - ;1 Town Hall, 53095 Main Road Mark S. McDonald P.O_ Box 1 179 Kenneth L. Edwards PLANNING BOARD OFFICE Southold. New York 11971 Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 'SEQR NEGATIVE DECLARATION Notice of Determination of Non-Significance Lead Agency: Planning Board of the Town of Southold Address: Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Date: January 2, 199 This notice is issued pursuant to 6 NYCRR Part 617, and local law # Chapter 44, of the implementing regulations pertaining to Article 8 (State Environmental Quality Review) of the Environmental Conservation Law. The lead agency has determined that the proposed action described below will not have a significant effect on the environment. Title of Action: Thomas A. Sargent Minor Subdivision (3 lots) SCTM #1000-6-6-L.ots 7 and 12 SEQR Status: Unlisted Action Location: Located on a Private Road off of Fox Avenue, Fishers Island, Southold, New York Project Description: The project involves a request for a minor subdivision of three lots on two parcels of land. Three houses presently exist. Land is zoned A-1 Agricultural/Residential. Page 1 of 3 Thomas Sargent Negative Declaration Reasons Supporting This Determination: This determination is issued in full consideration of the criteria for determination of significance contained in 6 NYCRR Part 617.11. In addition, a Long Environmental Assessment Form Parts I, II has been prepared by the Town, and has been fully considered by the Planning Board in the preparation of this determination. This Negative Declaration is issued in compliance with Part 617.8(e)(1)(ii), and in full consideration of the documentation and other relevant information provided. The following specific reasons are offered in support of this determination: 1) The subject site is presently occupied by three dwellings. Lot Number 3 is 16,714 square feet in size and includes one dwelling. The other lot is 10,269 square feet in size and is occupied by two dwellings. The proposal would split the northern lot between the two existing dwellings, thereby creating a lot for each existing dwelling. 2) The uses already exist on the site; therefore, the project will not increase the intensity of land use. 3) The project will not increase demand for services, or set an unwarranted precedent, due to the fact that the uses presently exist on the site. 3) The site does not contain any unique environmental resources. The topography is moderate, the soils are well drained, the site is dominated by landscaped areas and woodlot, and is subject to human impacts presently resulting from existing site use. 4) The Town of Southold Zoning Board of Appeals has considered lot area and setback variances in connection with the subject application. The Board of Appeals has imposed several conditions of approval,which are valid and would tend to minimize environmental impacts. These conditions are noted as follows: 1. That there be no further subdivision, set-off or conveyance of land other than that as applied for and as shown by the minor subdivision plan dated August 6, 1990, prepared by Chandler Palmer & King; 2. That the accessory shed structure on Lot #3 (referred to as 16,714 sq. ft.) be used only for storage purposes {and never to be converted or used for sleeping or habitable purposes}; 3.' That the accessory garage (gar. & apt.) structure on proposed Lot #1 may continue its present nonconformance (without any increase in size) for a period of not more than ten (10) years, or when the structure is abandoned or permanently vacated by the present tenant, whichever shall occur first_ Tile occupancy of this nonconforming garage-apartment shall then automatically cease and become null and void, and the kitchen and cooking facilities must be removed, returning the use of the building to an accessory storage/garage building without evidence of sleeping quarters or habitability. Page 2 of 3 Thomas Sargent Negative Declaration For Further Information: Contact Person: Bennett Orlowski, Jr. Chairman Address: Southold Planning Board Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Phone No.: (516) 765-1938 Copies of this Notice Sent to: Commissioner-New York State Department of Environmental Conservation, 50 Wolf Road, Albany, New York 12233-0001. Regional Director- NYSDEC, Building 40, The Loop Road, SUNY at Stony Brook, Stony Brook, New York 11794 Southold Zoning Board of Appeals, Southold, New York Southold Town Board, Southold, New York Suffolk County Department of Health Services, Riverhead, New York Applicant Suffolk County Planning Commission Page 3 of 3 Orc�G APPEALS BOARD MEMBERS Y'>, SCOTT L. HARRIS ,� Supervisor Gerard P. Goehringer, Chairman v,; Charles Grigonis, Jr. +VI t Town Hall, 53095 Main Road Serge Doyen, Jr. P.O. Box 1179 Joseph H. Sawicki Southold, New York 11971 James Dinizio, Jr. BOARD OF APPEALS Fax (516) 765-1823 Telephone (516) 765-1809 TOWN OF SOUTHOLD Telephone (516) 765-1800 INTER-DEPARTMENTAL MEMORANDUM . TO: Planning Board Office Attn: Holly FROM: Linda Kowalski Board of Appeals DATE: December 17, 1990 SUBJECT: Letter Dated 12/14/90 from Michael N. Hills, Esq. Thomas Sargent Minor Subdivision (Approved 11/13/90) Attached is the above-referred letter which was delivered to our office, in error. OW E LAW OFFICES CRUSER, HILLS, HILLS & BESUNDER ✓��' 2OE R❑AN❑KE AVENUE RIVERHEAD, N.Y. 11901-2794 516-727-3904 FAX NO:516-727-3940 SOUTHAMPTON OFFICE GEORGE L.CRUSER - 77 HAMPTON ROAD EDGAR HILLS SOUTHAMPTON,N.Y. 119SS=4S2S MICHAEL N.HILLS 516-283-4485 HARVEY H.SESUN13ER NANCY BURNER December 14, 1990 Planning Board Office Town of Southold Town Hall P.O. Box 1179 53095 Main Road Southold, New York 11971 Gentlemen: The undersigned represents Thomas Sargent for whom you approved a minor subdivision on November 13, 1990. Your approval expires six months from that date. Mr. Sargent has applied to the Board of Health for a variance on the size of the lot, and we have been advised by said board that the application will not be heard for a period of six months. It therefore may be necessary for us to have an extension of time within which to file the covenants and restrictions. This letter is to serve to put you on notice that it may be necessary for us to apply for an extension of time. Should there be anything further you require from the undersigned at this time, please advise me. Very truly yours, . Michael N. Hills ' MNH:jb cc: Mr. Thomas Sargent r APPEALS BOARD MEMBERS MIN SCOTT L. HARRIS , ? Supervisor Gerard P. Goehrin er, Chairman Charles Grigonis, Jr. � ;���/ ��� Town Hall, 53095 Main Road Serge Doyen, Jr. P.O. Box 1179 Joseph H. Sawicki Southold, New York 11971 James Dinizio, Jr. BOARD OF APPEALS Fax (516) 765-1823 Telephone (516) 765-1809 TOWN OF SOUTHOLD Telephone (516) 765-1800 October 18, 1990 Michael N. Hills, Esq. 206 Roanoke Avenue Riverhead, NY 11901 Re: Appl. No. 3960 - Thomas Sargent Dear Mr. Hills: Transmitted for your records is ' a copy of the determination rendered by the Board of Appeals at our October 1.7, 1990 Special Meeting concerning the above application. - Please be sure . to return to all involved agencies for approvals and permits as. deemed necessary. Copies of this decision have simultaneously been transmitted to the Planning Board Staff and Building Inspectors' Office for their files and update. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski Enclosure Copy of Decision to: Building Inspectors' Office Southold Town Planning Board and Staff �'vl � Cjc��� evl� �f� s�� — 1 TOWN OF SOUTHOLD ZONING BOARD OF APPEALS COUNTY OF SUFFOLK : STATE OF NEW YORK � 2 ------------------------------------X 3 D TOWN OF SOUTHOLD 4 OCT 121990 ZONING BOARD OF APPEALS HEARING 5 ------------------------------------X 6 Town Hall 7 53095 Main Road P.O. Box 1179 8 Southold, New York 11971 9 Septembe-r 26, 1990 7 : 30 P.M. 10 11 B E F O R E 12 GERARD P. GOEHRINGER, 13 Chairman. 14 15 BOARD MEMBERS: 16 CHARLES GRIGONIS, JR. 17 SERGE DOYEN, JR. 18 JOSEPH H. SAW I CK I, AOSEAr)— 19 JAMES DINIZIO, JR. 20 21 ALSO PRESENT: LINDA KOWALSKI , Board Secretary 22 23 Cl24 25 1 29 2 Hearing no further questions , I make 3 a motion closing this hearing and reserving 4 decision until later. 5 MR. DOYEN: Second. 6 THE CHAIRMAN: All in favor? 7 MR. GRIGONIS: Aye. 8 MR. DOYEN: Aye. 9 MR. DINIZIO: Aye. 10 (Time noted: 8:09 p.m. ) 11 G��T THE CHAIRMAN: The next hearing is a 12 recessed hearing from July. 25th, at which 13 time new maps were submitted and I now have 14 before me a new map indicating a requested 15 set-off of now three houses on a private 16 road off of Fox Avenue in Fishers Island, 17 indicating three existing dwellings that 18 probably have pre-existed zoning. We have 19 seen them personally, all three of them. 20 The first lot is approximately 40 by 120 , 21 Lot Number 2 is 44 by 120, and Lot Number 3 22 is 16, 714 square feet or 85 by -- or 85 by 23 combination of about 180 . And they have 24 existing CO' s . 25 We ask the attorney if he would like 1 30 2 to speak in favor of the application? 3 MR. HILL: Michael Hill , 208 Roanoke 4 Avenue, Riverhead, New York. I am appearing 5 in behalf of Thomas and Allison Sargent . 6 Recognizing that you have all seen 7 Ahe area, I would also like to present to 8 the Board a video tape of the area. 9 (Applicant' s counsel handing video 10 tape to the Board. ) 11 MR. HILL: It is narrated by Mr. 12 Sargent so any comments are his . It was 13 done in the cold days in January. I guess 14 the snow wasn' t on the ground. 15 In addition to the facts submitted in 16 the application, I would like to point out 17 that initially it had been thought that the 18 Town of Southold's laws were going to be 19 changed so that when we came here in a 20 voluntary merger, as we had here, it 21 wouldn' t be necessary for us to go to the 22 Planning Board. We have had at this point 23 the filing of an application with the 24 Planning Board for the subdivision. 25 Assuming that that subdivision is granted 1 31 2 and we are going to need variances , we made 3 an application for here as additional 4 economic hardship -- assuming they would 5 give us a subdivision in order to comply 6 - with any setbacks which I think are 7 . impossible on these particular plots . �. 8 The houses that are existing would 9 have to be moved. The cost of that is 10 prohibitive, to say the least. There is no 11 change in the character of the neighborhood 12 at all . The houses there are all built very 13 close to the front line. They are all very 14 close together and these houses have existed 15 in that condition, the three houses on these 16 properties , since the inception of zoning. 17 As I said the last time to you, by a 18 court decree, a third lot was merged into 19 this . It was originally a two-lot 20 subdivision and the houses are going to just 21 exist as they are, no changes -- one 22 driveway added to the premises and that is 23 shown -on the video tape by my client, posted 24 out where that is going to be, and otherwise 25 there are no changes to the property. 1 32 ICE 2 THE CHAIRMAN: The only problem I 3 have is with continuing with the use, 4 whatever, with the garage apartment. This 5 Board may put a time limit. I realize the 6 lady that is presently living in it is 84 7 years old, or something of that nature. I 8 have no idea whether she will stay, but that 9 may be a recommendation of mine in reference 10 to putting a time limit on the existence of 11 the garage apartment . 12 MR. HILL: How many years? 13 THE CHAIRMAN: I am estimating 10 at 14 this point, and only bearing in mind she has 15 probably lived there for a fairly long 16 period of time, according to Mr. Sargent, 17 although he said she is in good health. We 18 have done this once before in Orient, to my 19 knowledge. 20 That may be a recommendation. I 21 don' t want you to leave here thinking you 22 have three valid CO's , that there is a 23 possibility -- 24 MR. HILL: My only question is 25 strictly hypothetical and hopefully if we 1 33 2 encounter any problem -- let's suppose this 3 particular woman lives in excess of ten 4 years, can we come back at that time for an 5 extension? 6 THE CHAIRMAN: Certainly, sure. 7 MR. HILL: Hopefully, we will all 8 still be here. 9 THE CHAIRMAN: Right . 10 MR. HILL: Thank you. 11 THE CHAIRMAN: Anybody else that 12 would like to speak in favor of this 13 application? Anybody that would like to 14 speak against the application? Any 15 questions from the Board? 16 Seeing no hands, I make a motion 17 closing this hearing and reserving decision 18 until later. 19 MR. DOYEN: Second. 20 THE CHAIRMAN: All in favor? 21 MR. DOYEN: Aye. 22 MR. GRIGONIS: Aye. 23 MR. DINIZIO: Aye. 24 (Time noted: 8 : 14 p.m. ) 25 THE CHAIRMAN: The next application ' �E'P7-E.saE.e o2G, �990 1 34 &J 2 is in behalf of James , Peter and Chris 3 Meskouris . This is a rather unique 4 application in the respect that we have 5 opened half of this application before and 6 had recessed it, which was 3951, and I will 7 open 3957 . 8 (Legal notice read off record. ) 9 THE CHAIRMAN: I have a letter from 10 the agent of the applicant, who is Mr. 11 Fitzgerald, in the file. I have a copy of 12 the survey, produced by Anthony Lowendowski 13 (phonetic) , dated 1/29/90, indicating a lot 14 of approximately 75 by 167 plus or minus . I 15 have a copy of the Suffolk County Tax Map. 16 Would you like to be heard, Mr. 17 Fitzgerald? 18 MR. JAMES FITZGERALD: I would be 19 happy to answer any questions that you have. 20 I don't have anything to add to the 21 information in the application. 22 THE CHAIRMAN: This is interesting. 23 What was different on this one, Jim, is the 24 fact that the deck -- I assume that 's the 25 most easterly parcel -- 1 1 f 37 2 MR. DINIZIO: Second. 3 THE CHAIRMAN: All in favor 4 MR. GRIGONIS: Aye. 5 MR. DOYEN: Aye. 6 MR. DINIZIO: Aye. 7 THE CHAIRMAN: Thank you very much 8 for coming in. 9 (Time noted: 8 : 20 p.m. ) 10 11 12 13 � 14 I , GAIL ROSCHEN, do hereby certify that I 15 am an Official Court Reporter and that the foregoing 16 constitutes a true and correct transcript of the 17 Southold Town Zoning Board of Appeals hearing 18 of September 26, 1990 , according to my stenographic - 19 notes. 20 - "- --L 21 GAIL_ ROSCHEN 22 Official Court Reporter 23 24 Cl 25 PLANNING BOARD MEMBERS SCOTT L. HARRIS !� Bennett Orlowski, Jr., Chairman ', �� ;�'�'-�"� •�: Supervisor George Ritchie Latham, Jr. `' Richard G. Ward =` "t� Town Hall, 53095 Main Road Mark S. McDonald P.O. Box 1179 Kenneth L. Edwards PLANNING BOARD OFFICE Southold, New York 11971 Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 September 26, 1990 2 � IE D��7 2 Michael N. Hills D 15 11 l.5 Cruser, Hills, Hills & Besunder SEp 2 6im, 206 Roanoke Avenue Riverhead, New York 11901-2794 1 RE: Minor Subdivision Thomas A. Sargent SCTM# 1000-6-6-7 Dear Mr. Hills: The Planning Board received a partial application for the above mentioned subdivision on September 25, 1990. The following items were omitted from the submission: 1. The application fee; 2. A completed Environmental Assessment Form; 3. The correct number of maps. The Board cannot proceed with their review until the above mentioned items are submitted. An application packet is enclosed for your assistance. The Planning Board has requested that the Zoning Board of Appeals keep their September 26, 1990, hearing open until the Planning Board has had time to submit their comments on the subdivision proposal. Upon submission of the above items, the Board will proceed with their review. ' Very truly yours, Bennett Orlowski, ;Xr. "'1S Chairman enc. cc: Gerard P. Goehringer, Chairman Zoning Board of Appeals I r I._ LE U � ! Page 4 - Appl. No. 3960 OCT I I I Matter of THOMAS SARGENT 91990 Decision Rendered October 17, 1990 occupancy of this nonconforming garage-apartment shall then automatically cease and become null and void, and the kitchen and cooking facilities must be removed, returning the use of the building to an accessory storage/garage building without evidence of sleeping quarters or habitability. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen and Dinizio. (Absent was:. Member Sawicki. ) This.: resolution was duly adopted. lk GERARD P. GOEHRINGER, C IRMAN RECEIVED AND FILED BY THE SOUTHOLD TOWN C;LE-ARK DATE HOUR 11,10C)A.w,, Town Clerk, Town of Southold gyp, Contract of Sale•Traosactlona over$5n'nnn CONSULT YOUR LAWYER BEFO( __'MING THIS MSTRUMENT—THIS INSTRUM%, yHOULD BE USED BY LAWYERS ONLY. NOTE: FIRE LOSSES. This form of contract contains no express provision as to risk of loss by fire or other casualty before delivery of the deed. Unless express provision is made,the provisions of Section 5-13 1 1 of the General Obligations Law will apply: This section also places risk of loss upon purchaser if title or possession is transferred prior to closing. THIS AGREEMENT, made the day of May , nineteen hundred and eighty—nine BETWEEN THOMAS A. SARGENTtand ALLISON D. IJAMS , now residing- at Fishers Island , New York ,' hereinafter described as the seller, and THOMAS BENTON, now residing at 33 Otis Street, Cambridge, Massachusetts , hereinafter described as the purchaser, WITNESSETH, that the seller agrees to sell and convey, and the purchaser agrees to purchase, all that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and beingiwakfc at Fishers Island , Town of.- Southold ,. County of Suffolk and State of New York , _ more particularly bounded and .described as follows : -Daginning .at a point on 'the ,Westerly, line �of a Right of Way which runs Southerly from. Fox Avenue •to , and along the Easterly line of the herein described- tract , -said point being located 4657 . 08 feet North of a point which • is : 1604 . 83 feet West of a monument marking the United States Coast and Geodetic• Survey Triangulation Station ."PROS" and running thence South 77 . degrees , 16 minutes and 30 seconds West 120 .46 feet to a point; thence North 03 degrees , 47 minutes and 30 seconds West 43 ..00 'feet to a monument ; thence North 78 degrees , 41 minutes and 30 seconds East 120 . 00 feet to a monument on the said Westerly line of said Right ,.of Way ; thence South 03 degrees , 47 minutes and 30 seconds East 40.00 feet along said Right of +Way• to the point of beginning. Containing 4930 square feet, more or less . Together with a right of way, 25 .00 feet in width, for all purposes running Northerly from the Easterly line of the above described tract to Fox Avenue. TAX MAP :SIGNATION 0 Do I. This sale includes all right, title and interest, if any, of the seller in and to any land lying in the bed of any street, road or avenue opened or proposed, in front of or adjoining said premises, to the center line thereof, and all right, title and interest of the seller in and to any award made or to be made in lieu thereof and in and to any unpaid award for daArnEge to said �rEmilcr' 11 rl;iion of ohm! of grado of w ortal i And Jh! "Ilir will explIK q,l d€llver 10 111A m1raIlll111, oil QQlntl�1 fil IIII! Ar II ►t:� (fF, An ACM#n9,_I PfA .F Inl rHm1416 fAF I to 9anr.a y4R9q A IHG 1 11 q 4nd 1ha µslg rneni and ,QJ ecttn o any +urh rwAr . 2. The price is ONE HUND 7,0 SEVENTY THOUSAND AND 0( �_ 00 ($170 , 000 .00) - - - - - - - - Dollars, payable as follows: THIRTY-FOUR THOUSAND AND 00/100 ' ($34 , 000 .00) = - - - - - - - - Dollars, on the signing of this contract, by check subject to collection, the receipt of which is hereby acknowledged; ONE HUNDRED THIRTY-SIX THOUSAND AND 00/100 ($136 , 000 ..00) - - .- - Dollars, in cash or good certified check to the.order of the seller on the delivery of the deed as hereinafter. provided; by taking title subject to a mortgage now a lien on said premises in that amount, bearing interest the rate of per cent per annum, the principal being due and payable Dollars, by the purchaser or assign; executing, acknowledging and delivering to the seller a bond or, at the tion of the seller, a note secured by a purchase money mortgage on the above premises, in that amount, p able- together with inter t at the rate of per cent per annum payable 3. Any bond or note and mortgage to be given hereunder sh a drawn on the TICOR TITLE GUARANTEE COMPANY standard form for mortgages of like lien;and shall be draw y the attorney for the seller at the expense of the purchaser,who shall also pay the mortgage recording tax and recordin ees. 4. If such purchase money mortgage is to be a sub dinate mortgage on the premises it shall provide that it shall be subject and subordinate to the lien of the existing mortgage of $ , any extensions thereof and to any mortgage or consolidate mortgage ..which may be placed on the premises in lieu thereof, and to any extensions thereof provided (a) that the i rest rate thereof shall not be greater than per cent per annum and (b) that, if the principal amount thereof s I exceed the amount of principal owing and unpaid on said existing mortgage at the time of placing such new Mort a or consolidated mortgage; the excess be paid to the holder of such purchase money mortgage in reduction of the pri ipal thereof. Such purchase money mortgage shall also provide that such payment to the holder thereof shall not alter r affect the regular installments, if any, of principal payable thereunder and shall' further provide that the holder the f will, on demand and without charge therefor, execute, acknowledge and deliver any agree- ment or agreements furth to effectuate such subordination. 5. If there be a Mort ge on the premises the seller agrees to deliver to the purchaser at the time of delivery of the deed a proper certificate executed nd acknowledged by the holder of such mortgage and in form for recording, certifying as to the amount of the unpaid pr' cipal and interest thereon, date of maturity thereof and rate of interest thereon, and the seller shall pray the fees for recor •ng such certificate. Should the mortgagee be a bank or other institution as defined in Section 274-a, Real Property w, the mortgagee may, in lieu of the said certificate, furnish a letter signed by a duly authorized officer, or em- ployee, agent, containing the information required to be set forth in said certificate. Seller represents that such mortgage will be in default at or as a result of the delivery of the deed hereunder and that neither said mortgage, nor any modification th cof contains any provision to accelerate payment, or to change any of the other terms or provisions thereof by reason of the elive"f-th"eed-hereunder— 6. Said premises are sold and are to be conveyed subject to: a. Zoning regulations and ordinances of the city, town or village in which the premises lie which are not violated by existing structures. b. Consents by the seller or any former owner of premises for the erection of any structure or' structures on, .under or above any street or streets on which said premises may abut. c. Encroachments of stoops, areas, cellar steps, trim and cornices, if any, upon any street or highway. d . Any state of facts an accurate survey or personal_ inspection may -reveal , provided title is not rendered unmarketable thereby.. e. Terms , covenants and -restrictions contained in an instrument recorded -in Liber 243 cp 126 . f. Lease agreement with Nettie VanCoure, ..as described in the Rider hereto.. 7. All notes or notices of violations of law or municipal ordinances, orders or requirements noted in or issued by the Depart- ments of Housing and Buildings, Fire, Labor, Health, or other State or Municipal Department having jurisdiction, against or affecting the premises at the date hereof, shall be complied with by the seller and the premises shall be conveyed free of the same, and this provision of this contract shall survive delivery of the deed hereunder. The seller shall furnish the purchaser with an authorization to make the necessary searches therefor. Omicrow .gel170154� ����ises-ineurred-the -the-Emergency-Repairs-provisi �f Cfuwlr(Il the Properly the City of New York (Sections 564-18.0, ete) prior to the delivery of the deed shall�s�aid and s ;�,•.�Jlsr the City of . upon thS delivery o-f the deed. This provision shall survive the delivery of the dee Near York. ciaw.e v is 9. Af, at the;time-of the delivery of the deed, the premises or ereof shall be or shall have been affected by an assess- ,.,..fry ment or assessments which are or may-6eco a to annual installments, of which the first installment is then a charge the p-ra a or,lien, or has been the property paid e: purposes of this contract all the unpaid installments of any such assessment, including it sot ty those whi come due and payable after the delivery of the deed, shall be deemed to be due and payable and it at iy o/. p y New York. t lens-upon-the-premises-affected•there6y-and-shall-6e-paid-and-discharged-6y-the-seller,-upon-the-delivery-of-the-deed: 10. The following are to be apportioned: (a) Rents as and worn reilleCled. (6•1--1 n 1^rott—+.r._m t a a pro mi n m.­ 1 I. If the closing of the title shall =-;r before the tax rate is fixed, the apportionm )I taxes shall be upon the basis of the .tax rate for the next preceding ye ' liked to the latest assessed valuation. 12. If there be a water meter on the premises, the seller shall furnish a reading to a date not more than thirty days prior to the time herein set for closing title, and the unfixed meter.charge and the unfixed sewer rent, if any, based thereon for the intervening time shall be apportioned on the basis of such last reading. 13. Thi.deed shall be the usual. bargain and sale with covenant against grantor ' s acts deed in proper statutory short form for record and shall be duly executed and:acknowledged so as to convey to the purchaser the fee simple of the said premises, free of all encumbrances, except as herein stated, and shall contain the covenant required by subdivision 5 of Section 13 of the-Lien" Law.. .` If the sella corpora6on-it-will-•delirer-t the-pvrehasc"Hhrtime-of-the-delivery-of-thc-deed-he-reu lutimr-of d its Board of Directors authorizing the sale and delivery of the deed, and a c i ecretary or Assistant Secretary of the corporation certifying.such resolution and s .s rowing that the conveyance is in conformity with the requirements of Sec usmess orporation Law. The deed in such case shall contain a recital sufficient to r" purchaser ' s 'title company 14. At the closing of the title the seller shall deliver to the purchaser aXYr}tfl &check to the order of thexotmAi)gz d5"1rx(A f7�bt,xt}f�iiX�ZhdEreXclfisttiKB7fX�XDtrDleSl for the amount of the documentary stamps to be affixed -in accordance with Article 31 of the -Fax Law, and a certified check to the order of the appropriate officer for any other tax paya e y reason of the delivery of the deed, and a return, if any be required, duly signed and sworn to by the seller: and the purchaser also agrees to sign and swear to the return and to cause the check and the return to be delivered to the appropriate officer promptly after the closing of title. I I t O e ee cl Omif 1 Clara 13 i/ the property istrator for the amount of the Real Property Transfer Tax imposed by Title II of C mmistrative Code of i6�city a/ the City of New York and will also deliver to the ur equtre y the said statute and the regulations issued Nru-York. pursuant to the autho • igne an sworn to by the seller; the purchaser agrees to sign and swear to the ti� the return in he r1rhyrred in the y-RegisteF-pramptl�r-the-Closing-o;-the i041e. . 1t5. The seller shall give and the purchaser shall accept a title such as TICOR TITLE GUARANTEE COMPANY will be willing to approve and insure in accordance with the standard form of title policy approved by the New York State Insurance Department,subject only to the matters rovided for in this contract. * ar- staticlara ates 17. All sums paid on account of this contract, and the reasonable expenses of the examination of the title to said premises and of the survey, if any, made in connection therewith are hereby made liens on said premises, but such liens shall not continue after default by the purchaser under this contract. 18. All fixtures and articles of personal properly attached or appurtenant to or used in connection with said premises are repre- sented to be owned by the seller, free from all liens and encumbrances except as herein stated, and are included in this sale; without limiting the generality of the foregoing, such fixtures and articles of personal property include plumbing, heating, lighting and cooking fixtures, air conditioning fixtures and units, ranges, refrigerators; radio and television aerials, bathroom and kitchen cabinets, mantels, door mirrors, venetian blinds, shades, screens, awnings, storm windows, window boxes, storm doors, mail boxes, weather vanes, flagpoles, pumps, shrubbery and outdoor statuary., to the extent the .same are on the premises on .the date hereof , together with all other items of personal property now on the premises to the,extent owned by the seller '. 19. The amount of any unpaid taxes, assessments, water charges and sewer rents which. the seller is obligated to pay and dis- charge,with the interest and penalties thereon to a date-not less than two business days after the date of.closing title, may at the option of the seller be allowed to the purchaser out of the balance of the purchase price, provided official bills therefor with interest and penalties thereon figured to said date are furnished by the seller at the closing. 20. If at the date of closing there may be any other liens or encumbrances which the seller is obligated to pay and discharge. the.seller may use any portion of the balance of the purchase price to satisfy the same, provided the seller shall simultaneously either deliver to the purchaser at the closing of title instruments in recordable form and sufficient.to satisfy such liens and en- cumbrances of record together with the cost of recording or filing said instruments; or, provided that the seller has made arrangements with the title company employed by the purchaser in advance of closing, seller will deposit with said company sufficient monies, acceptable to and required by it to insure obtaining and the recording of such satisfactions and the issuance of title insurance to the purchaser either free of any such liens and encumbrances, or with insurance against enforcement of same out of the insured premises. The purchaser, if request is made within a reasonable time prior to the date of closing of title, agrees to provide at the closing separate certified checks as requested, aggregating the amount of the balance of the purchase price, to facilitate the satisfaction of any such liens or encumbrances. The existence of any such taxes or other: liens. and encumbrances shall not be deemed objections to title if the seller shall comply with the foregoing requirements. 21. If a search of the title discloses judgments, bankruptcies or other returns against other persons having names the same as or . similar to that of the seller, the seller will on request deliver to the purchaser an affidavit showing that such judgments, bank- ruptcies or other returns are not against the seller. 22. In the event that the seller is unable to convey title in accordance with the terms of this contract,the sole liability of the seller will be to refund to the purchaser the amount paid on account of the purchase price and to pay the net cost of examining the title, which cost is not to exceed the charges approved by the New York State Insurance Department and the net cost of any survey made in connection therewith incurred by the purchaser,and upon such refund and payment being made this contract shall be. considered canceled. 23. The deed shall be delivered upon the receipt of said poments at the office of _Michael P. Deasy, . 1 .Denison Avenue , Mystic, Connecticut ' or about at 11: 00 A.Mo'clock one April 1, 19 90 . 24. The parties agree that —no brokerxicaiRaxradm brought about this sale.axdt>hKXr�i�i3alWcC(XQ{p:�(?p {S�tpfij47t [Hg41X1 � �25. It is understood and agreed that all understandings and agreements heretofore had between the parties hereto are merged in this contract, which alone fully and completely expresses their agreement,and that the-same is entered into after full investi- gation, neither party relying upon any statement or representation, not embodied in this contract, made by the other. The purchaser has inspected the buildings standing on said premises and is thoroughly acquainted with their condition and agrees to take title "as is" and in their present condition and subject to reasonable use, wear, tear, and natural deterioration between the date thereof and the closing of title. ; 26. This agreement may not be changed or terminated orally. The stipulations aforesaid are to apply to and bind the heirs, executors, administrators, successors and assigns of the respective parties,, subject to. Section 12 of Rider. 27. If two or more persons;constitute either the seller or the purchaser, the word "seller" or the word "purchaser" shall be construed as if it read "sellers" or "purchasers" whenever the sense of this agreement so requires.SEE RIDER ATTACHED 1N WITNESS WHEREOF this agreement has been dui executed b t HERETO AND MADE A g y y parties . eret PA T HEREOF... In presence of: I . MIS , RIDER OF CONTRACT OF SALE BETWEEN . THOMAS A.- SARGENT and ALLISON D. IJAMS, as • SEL4ERS and THOMAS BENTON, as PURCHASER 1. The down payment hereunder shall be paid directly to Sellers who shall have the use thereof until closing. Said down payment shall be credited against the purchase price at closing. In the - event Sellers shall be unable to convey title in accordance with the terms hereof or under any of the circumstances contemplated in Sections 2 , 5 and 11. hereof, Sellers shall refund to Purchaser an amount equal to such down payment, together with interest thereon computed at the rate of seven percent (7%) per annum from the date' the check for the down payment is negotiated to the date such refund- is made. 2 . The parties obligation to close hereunder is expressly conditional upon the approval by the Planning Board of the Town of, Southold of a minor subdivision recognizing ' the subject premises as a separate lot. - Sellers agree to make diligent application for such approval, to make diligent application to the Zoning Board of Appeals to obtain any necessary variances, and to use their best efforts to obtain such approval by the closing date specified in the printed form portion - of the contract. Zf such approval is ' not obtained by such date, then Sellers shall be entitled to a reasonable adjournment. of the closing and the closing shall be held within three weeks after the -subdivision map has been filed with the Town of Southold or, if required by the Planning Board, with the Clerk of Suffolk County. If such approval is denied, then this agreement shall terminate and neither party shall thereafter have any rights or obligations hereunder other than the obligation of Sellers to refund an amount equal to the down payment with accrued interest thereon to Purchaser. Anything herein to the contrary notwithstanding, if such approval is -not obtained by July 1,- 1990, • then Purchaser may elect to cancel this agreement, whereupon the parties shall have no , further rights or obligations hereunder other than the obligation of Sellers to refund an amount equal to the down payment and accrued interest thereon to Purchaser. 3 . (A) Sellers agree to lease the single-family dwelling on the , subject premises to Purchaser for the sum of seven hundred fifty dollars ($750) per month for a term commencing on July 1, 1989 and ending on the first to occur of: '(i) the closing date hereunder; (ii) the date this agreement is terminated under the terms hereof; or (iii) a date thirty days after notice is given pursuant to the last sentence of this subsection (A)_ The monthly rent shall be payable on the first day of each month in the lease term. Purchaser shall quit and surrender the premises to Sellers if the lease .term ends pursuant to clauses (ii) or (iii) above and, the premises shall thereupon be returned in good condition, ordinary wear and tear and natural deterioration excepted. If Purchaser has paid rent for a month in which the lease term. ends, he shall be entitled to a pro rata adjustment in the same proportion that the number of days in the month .,remaining after the end of the term bears to the total number of ' days in the month of termination. On or after July 1, 19901, either party may terminate the lease term by giving thirty days notice to the other. (B) Purchaser acknowledges that, -under a certain leasehold agreement, the garage apartment on the subject premises is currently being leased to one Nettie VanCoure for the sum of 1 two hundred dollars ($200) . per month and that the lease term under such agreement shall run for a period of fifteen years from the closing date. Purchaser further- -acknowledges and agrees to. be bound by such agreement from- and, • after the closing. The parties acknowledge that such agreement will terminate upon the happening of any of the following events: (i) death of such lessee; (ii) failure of such lessee to make a monthly rental payment for a period of thirty days after the same shall have become due; (iii) vacation of the premises..by such lesseel or (iv) other good cause for which a landlord would be entitled to bring an action to terminate a tenancy under the lawn of the State of New York. The foregoing terms of the lease agreement with Nettie VanCoure. shall be incorporated in the deed delivered at closing. 4 . Sellers warrant . that the plumbing, heating and electrical systems and all appliances included in the sale will be in working order on closing of title, unless the same are not in working order due to the fault or neglect of the Purchaser. Sellers agree to deliver the single-family dwelling vacant and broom clean on July 1, 1989 at the commencement of Purchaser's occupancy. 5. Anything in this contract to the contrary notwithstanding, .in the event there are any defects in Sellers' title to which Purchaser is not required to take subject in accordance with the terms hereof, Sellers shall be entitled to adjourn the closing for a period not exceeding thirty (30) days after notice of such defects or objections have been given to them in order to eliminate the same, but Sellers shall be under no obligation to remove any such defects or objections and Sellers shall not be required to bring any action or proceeding or otherwise to incur any expenses in excess of $500 in the aggregate in order to render the title insurable . or marketable. However, Purchaser shall have the privilege of waiving any defects and accepting such title as Sellers are able to convey, without abatement in the purchase .price. If Purchaser shall refuse to accept title under such circumstances, then Sellers may rescind this contract and, upon return of an amount equal to the down payment and accrued interest thereon to the Purchaser, together with Purchaser's net costs for examining title (without policy issuing) and obtaining a survey, neither party shall have any further rights or obligations hereunder. 6. Purchaser acknowledges that he has been afforded an opportunity to make an exterior and interior inspection of the subject premises and has either made such an inspection or caused the same to be made. Purchaser further acknowledges that the subject premises are being' sold "AS ' IS" , ` without any representations or warranties as to their nondition, express or ,implied, ; written or oral, except as otherwise provided herein, and he agrees to accept the. subject premises at the closing in their present' condition and state of repair, subject to reasonable use, wear, . tear and natural deterioration between the date hereof and the date of the closing. 7. All notices hereunder shall be delivered by hand, or mailed by certified mail (return receipt requested) , postage prepaid, to the parties at the following addresses: If to Sellers: c/o Michael P. Deasy, Esq. 1 Denison Avenue P.O. Box 102 Mystic, CT 06355-0102 2 If .to Purchaser: c/o Stephen L. Ham, III, Esq. Matthews & Ham 45 Hampton Road Southampton, NY 11968 The parties addresses for notices may be changed by notice to the other delivered as provided above. ;, 8. Sellers represent that they are not foreign persons: or nonresident aliens for purposes of U.S. income taxation and agree to provide a certification or affidavit to such effect at closing in accordance with Section 1445 of the Internal Revenue Code. 9. Sellers represent and certify to Purchaser that their social security numbers are in the case of Thomas A. Sargent and in the case of Allison D. Ijams. Purchaser represents and certifies to Sellers that his social security number is 10. Sellers agree at or before closing to deliver to Purchaser a Certificate of Occupancy from the Town of Southold for. all buildings and structures on the premises requiring the same covering uses as a single-family dwelling and garage apartment. In the event that a current survey is required, Purchaser agrees at Purchaser's own cost and expense not . less than ten days prior to closing, to provide Sellers' attorney with a print of the same. 11. Purchaser shall have twenty days from the date hereof to have the premises inspected for termite or other . wood- destroying insect infestation or damage. In the event such inspection reveals termite infestation or damage, the Sellers shall treat the infestation and correct the damage unless the reasonable cost thereof shall exceed $1, 500, in which event they shall have the option of cancelling this contract and refunding an amount equal to the down payment and accrued interest thereon, provided that if the Sellers elect such option, the Purchaser shall have the right to take title subject to such condition, in which event Purchaser shall be credited with a $1,500 adjustment at closing. If Sellers or Sellers ' attorney are not notified within the aforesaid twenty-day period 'of the existence of any such infestation or damage, -then this Section 11 shall be of no force or effect. 12 . This contract may not be assigned by Purchaser without the express written consent of Sellers. 13. This agreement, consisting of the form contract of sale and this Rider, constitutes the entire contract between the parties hereto. Thomas A. .Sar enl , Sel- er ►„_, Allison D. jam , geller 1 •' --�--�•.._ �^cam.' � Thomas Benton, Purchaser 3 STAT!7F_N,EW YORK. COUNTY OF se: STATE OF NEW YORK.. _' 1NTY OF aa; On the day of , before me On the day _' 19 , 6efoir n personally camc umc to me known to be the individual described in and who executed to me known to 6e the individual described in and.who executed the-foregoing instrument, and acknowledged that the foregoing instrument, and acknowledged that ' executed the same. executed the same. STATE OF NEW YORK. COUNTY OF �.•ss:, STAT! OF NlW.YORK, COUNTY OF On the day of 19 , before me On the day of 19• before me personally came •:c personally came to me known, who, being by me duly sworn, did depose and sayl to me known and known to me to be a partner in i •' that he resides at No. t a partnership. and known;to me to be the person described in and that he is the who executed the foregoing instrument in the partnership name, and ' of duly , the corporation described acknowledged that he' executed the foregoing instrument.for and in and which•executed the foregoing instrument; that • he knows on behalf of said partnership. the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the board of directors of said corporation, and that he signed h name thereto by like order. ; • t. Closing of title under the within contract is hereby adjourned to 19 , at I ' o'clock, at ; title to be closed and all adjustments to be made as of ,, 19 Dated, 19 For value received, the within contract and all the right, title and interest of.the purchaser thereunder are hereby assigned, transferred and set over unto ' : +., . .• and said assignee hereby assumes all obligations of the purchaser thereunder. Dated, 19 , ... .................................................................................................................. ....... Purchaser ...................:.................................................................................._................................. Assignee of Purchaser (go n' traut of I ' •, , 1 PREMISES �' ' SECTION TITLE No. BLOCK ' LOT ,.. THOMAS A. SARGENT and COUNTY OR TOWN ALLISON D. IJAMS STREET ADDRESS i TO !A TAX BILLING ADDRESS THOMAS BENTON ' + Recorded At Request of Ticor Title Guarantee Company RETURN BY MAIL TO: '. .' Dirrriburrd by J TICMRTITL�E GUARANTEE .. , Zip No. The SELLER should bring with him all insuiance policies `and duplicates, receipted bills for taxes, assessments and watei rates, and any leases. deeds or agreements affecting the property. 'When there is a water meter on the.premises; he should order it read, and bring bills therefor to the closing, If there are mortgages on the property, he should promptly arrange to obtain the evidence required under Paragraph 5 of .this contract. He should furnish to the purchaser a full list of tenants, giving the names, rent paid by each, and date to which the rent has been paid. The PURCHASER should he nrrnared witli cads nr frrtigi-d }, 1, A—.., i - - z,. r '^ ,�,i� •; ., 1tt•���TIt�?�t���t#IlMrtlli,w .<,�` • 19169 it 01 e' TM L*CdXnJR4-wk the Third by a[ ilovemaer- •.aresom Ismadtad arid eighty-six f f �.ZN1QJ1 J. B. HAli7'SFIEID and ACDRET HAMFIELD. his wife. residing at AO# (1�A Fishers Island. Southold, Sew York JXr pony e(thr fiat tmn.Md 'e _ THM%S A. and AHT50N I!,1MS. hts III t'e. resid.nq at 1 Kell High Street, Charleston, Massachusettw 1:-1129 ; ` \ Party of the nand pot. t ; y TMTIEMKTK that"parry of tlw irat pan.is cootideraaon of tea dotltn Sod Other valaakh Gleamrniiss. . pod Ly the pay d sae teaaad An.dart MRb,grant and rekare uaw the party of tM stmed vw%do Is" or wmestSss ass assign of do party ofthe stand part forever, ALL that arms pint,plume or parcel of land,with the kmldctgs and maproraaeaet thweris eretsi%ems e�t�� fyastaa/1mit�fatlr on Fishers Island in the Town of Soutnold, County of iuf elk and State of Sew, lark, Dore particularly bounded and described as folloms: ' OMMIHC at a point on t^.e ,outh►esterly t-.rner of the herei-after described �! premiza;s. sited point heinv North 4 65.93 fast and Wiest 1.719.37 feet from U.S: '.''•:: (oast and Geodetic Survey 3tattun "PROS";. F �r i � :7 minutes k1 srcux ax west and along load new or. 000 Rt11li UC nVil:E '.iortft I dettreey d` O®`O� formerly of Stowe C. One Ips. furve•rly land of .I.c:. Tilford 87.71 feet :o a'. mts saament and land now u: toraerl.v of :.8. HartsfieM. et al, fot;erly Herbert.• Congdon: ?. . T1lEKI North 78 degrees 41 minutes 30 seconds East along last mentioned laced.:,:•.•. ri 120.00 feet to a monuuent on the westerly side of % Right of Way; THENCE 5c.uth 3 degrees 47 minutes ii1 •wconds Fast :clung the westerl'o side of said: Right of Way 84.92 feet to a pipe ano laud now or fortaerly George dntisk, formerly .I.C. Newton: of THEN South 77 degrees 22 minutes 2U seconds best along l st Srcntyonad land `:`;;�" 120.160 feet. to a point or place of ittWIMIlh:. r `METM with a right of ingress to and egress frnr< said premises for pedestrians ttnd vehicles over a right of way 22 feet ride from the aMve •lescrihed property _ r, Said presixs being and intended to to the.same preal- a as converted to the'�rtT '• of the ,first part .in deed trade by Albert.D. Dawson.and Dorothy M. Dawsqu., hia...K+ ?,V wife.,dated May 2. 19(A and recorded May 5. 19b4 it, Liber 5537 cp 580. i i Fly - • .. -�'. - 'f+OGETHER arm s>•vigil,title and imernt,if may,of the V"of the find Part is and to my straits spade aisttiag Ike above dewAbrd pnouvm a the center tares tatteef•T'Of.F_THRR with tiro �1i1' 'sad a8 the gate and rigkea.d rty ofthe pa the fine pan in and to laid TO 11Av N, r r1 :. ,g► i fletds snt0 tM pant of she eesatal put,the heirs ar snaoneon and aa�wa of i d ` e poly of Ills second th "n filaever. .; f } 'AND due rrrty of thrtirst part.in ctenpliartce with$e[tiat 1J of the l�ett l..w,corenaMt tlmt the Pauly d The first pan will terci.e thr comoderatian for this caurryance and wiU hl the tiRla to teatite such mmfii• tE' 4. ti tratsto as a a ms fad to IS aP4hed firer for the porptse of Ir!mR Il a Coat of the tnproreeeRt sod enQ far e� i r F oft fair l c s° k ^ace the am fast soon poij ams an mlt of the improrI to tt befuc nsutg any put of the total d tM nos e •ny athn wtPM- 1' The swd`party''tthall be mamma as if it read-partive wbawnts the mue of skis iatlr UON a tgaitta t,�It iN Vn1l=S TAitM.the pang of the first put bas doh'cz—ud thus dad Ills day ad ymr hie attest C: t arrittem. Ito•aasat+cs oe: ._^-�• �. �• .�..._ I ^a r ,Y i .r , I r , •!✓ t I /M���r�vwr�r M Sit F"F. ._ «•1 tt1�M��'I���9• r�',J. t Oe do 3RD 1 atOYi?6tt1t 19bh btinttt ese 1 On on 'd 19 tielw IN f>• Il atom persoady Comm J. B. HARTSFIEID and AUDREY NAItTSFILU Its Ise to be the indnidul tk!srrtbid in and who 1 to me known to be der mdi.id-.al described in and low e:etwled tm foll tsrtrtrwrnt. and acknimltdCM that executed the forgong marnnlet, aced admwicdpd dot THIN elm the nw* rZt eed thr WN.' 1 i Xvtary�rblic Row "W"p t Stitt i Am Via L%.aS110Naq t]itaastla rter sera Oti/elt . � - �Tatw�aewss�rindb�501� @TAU 99 anew WOOL COtiert OP w atOtTe all am Tom.COW 9 of tr on the day of 19 t.rti,re Me : ()n tlx dad of 19 bffom ov. perch aw ;ursowaily cum to tie kntwrn.who.beat]by me duty so wo did defuic slxl i the subtcnbing •anm to tlx lorepoeg ifartirttetts, vita say that he resides at No. Thorn I am perronaitr acrMamtri, who. bnq by ine ditty &.situ,dal dep4c aiin.rat itiat ne re"- at that he is the of limit tit htnr,s the conwanon dctcritad is and which executed the foreicntti in,trunwm; that lit i to be tht tn&,IMimi knows the seal of sari corlmstion; Ittt the wa) affixed Aiscn)wd in and .her esecuted the toregarii maromm; to said instrtvnent is mach cce rve wal. that it wA, w' that he, nand atberAmme aumew wr irraett and AN affixed br order of the board cd darwors td said corpora• saute t_he W.M...ad etas hr.ova " tion.and that he tiAntd h tiatue the.eso br hht orderr. .: the sacw tmw WJ*cnhnl h nriwr as ricers tlteteea :.I 1� E' i. volpb sub Ottle]Dffi Inchon b I: vtrW T t:ltsVuXT At:attiat Cnanfuttr Arts TION TITLE GUARANTEE COMPANY _ l �oca b i mu Na Tim4950 , cotwrT era roar,+ �l FFU1.K/SUUT}i(1LD J. B. IURTSFIEID and AUDR£Y HAR75FI=, his wife. F `03 'VDW A. SARGEl1'T and ALl.1SON IJAM. his arife altar ST uaa To `a sttttraa toatri sr iw taro ta.ta er nwt traawaMut ` RALL and I.+ORR ., oir+brs y I 60 SrATE SIVEFt SWWW7V7ME4NDt:U4R4NnCV PAW ;;,S t1N. AASSAM:SEM 02109 enaanttn teas IN slew rats APf}.KT1(tN: ;UF.'. SIRK1N,zk}7j. i , ,1 �,11tj108 Yl�ti!!0$. i I I HOME TITLE DIVISION CHICAGO TITLE INSURANCE ANY 14 .19 9 0 V I 77 COUNTY OF 'SUFFOLK) TITLE NO. -9-(Y8-=011'57 ) SS.. STATE OF NEW YORK) THIS is to certify that (as to Parcel 1) Thomas A. Sargent & Allison Ljams , his wife and (as to Parcel 2) Thomas A. Sargent & Allison D. Ijamq are the owners of record of (as to parcel 1) southwesterly corner of the hereinafter described premises; said point being North 4 ,5.85 . 93 feet & West 1 , 719 .37 feet from U. S . Coast & Geodetic survey Station "PROS" Dist. 1000 Sec. 006 . 00 Block 06 . 00 Lot 007 . 000 (as to parcel 2) Northwesterly corner of the hereinafter '�escribed parcel, said point being North 4585 . 93 feet & West 1719 . 37 feet from U. S. Coas and Geodetic Survey Triangulation Station "PROS" . Dist. 1000 Sec. 006 . 00 Block 06 .00 Lot 012 . 000 THAT They acquired title thereto by deed as to parcel 1 dtd 11/3/86 recorded in Liber 10169 cp 01 on 11/14/86 and as to parcel 2 dated 5/20/87 recorded in Liber 10330 cp 251 on 5/29/87; that I have made a search of the records of the Suffolk County Clerk and/or Registrar' s Office , and that said search shows that neither the said owner nor any predecessor in title of the said premises owned contiguous property at any time since 1957 except as follows : (as to parcel 1) PREMISES ON NORTH. (as to parcel 2) NONE That the Applicant herein does not own .any contiguous property except as follows: AS TO PARCEL 1 PREMISES ON SOUTH AS TO PARCEL 2 PREMISES ON NORTH This certification is made with the intention of the reliance thereon by the Board of Appe.al' s and/or Building Department of the Town of SOUTHOLD CAROLYN MC HERSO D Sworn to before me this LAW DEPARTMENT , loth day of August 1990 Notary Public, Suffolk County, N.Y. . RONALD KANK4 -- NOTARY PUBLIC, State of New York No. 52-7153235, Suffolk Ceun . Commission Engir®® �r ° f SUBJECT PREMISES: Dist. 1000 Sec. 006 . 00 Blk. 06 . 00 Lot 007 . OQO (PARCEL 1) Robert Hammond McLeod Dated: 8/23/49 to Rec ' d: 9/25/50 Albert D. Dawson and Liber 3130 cp 427 Dorothy M. Dawson, his wife Albert D. Dawson and Dated: 5/2/64 Dorothy M. Dawson, his wife Rec ' d: 5/5/64 to Liber 5537 cp 580 J.B . Hartsfield and Audrey Hartsfield, his wife J.B . Hartsfield and Dated: 11/3/8.6 Audrey Hartsfield, Rec 'd: 11/14/86 to Liber 10169 cn 01 Thomas A. Sargent and Allison Ijams , his wife LAST OWNER OF RECORD SUBJEC,'z' PREMISES: Disc. 1000 Sec. G0-G . 00 .B1k. 06 . 00 Lot 012 . 000 Kate M. Newton Dated: 8/22/22 to Rec ' d: 9/13/22 Elizabeth W. Abbott Liber 1050 cp 485 George W. Abbott Dated: 12/2/85 to Rec ' d: 12/10/85 Cecilia Smith Abbott Liber 9932 cp 383 Mildred W. Simpson Dated: 11/19/85 to Rec 'd: 12/10/8.5 Cecilia Smith Abbott Liber 9932 cp 391 James F. Nimblett Dated: 1/8/86 to Rec ' d: 2/6/86 Cecilia Smith Abbott Liber 9974 cp 435 William H., Witt Jr. Dated: 1/21/86 to Rec 'd: 2/6/86 Cecilia Smith Abbott Liber 9974 cp 433 Helene Abbott Warrek Dated: 4/8/86 to Rec 'd: 5/6/86 Cecilia Smith Abbott Liber 10031 cp 511 Cecilia Smith Abbott Dated: 5/20/87 to Rec 'd: 5/29/87 Thomas A. Sargent and Liber 10330 cp 251 Alison D. Ijams LAST OWNER OF RECORD -continued- 8908-01157 Page 1 PREMISES ON NORTH: Dist. 1000 Sec . 006 . 00 Block 06 . 00 Lot 006''.000 (PARCEL 1) Cornelius Duncan and Dated: 3/--/23 Ella Duncan, his wife Rec 'd : 41/14/23 to Liber 1.069 cp 221 William Lawson and Florence Lawson, his wife Florence Lawson died 10/16/35, William Lawson died 10/5/40 Administration leaving G. William Lawson, son, Albert Lawson, son and Charlotte Berrian, daughter. G. William Lawson and Dated: 8/30/66 Louise Lawson Rec ' d: 9/28/.66 to Liber 6040 cp 266 J.B . Hartsfield, Audrey Hartsfield and Dana May Hartsfield LAST OWNER OF RECORD PART OF PREMISES ON NORTH: Dist. 1000 Sec. 006 . 00 B1k. 06..00 Lot 007 . 000 (PARCEL 2) Robert Hammond McLeod Dated: 8/23/49 to Rec 'd: 9/25/50 Albert D. Dawson and Liber 3130 cp 427 Dorothy M. Dawson, his wife Albert D. Dawson and Dated: 5/2/64 Dorothy .M. Dawson, his wife Rec ' d: 5/5/64 to Liber 5537 cp 580 J.B. Hartsfield and Audrey Hartsfield, his wife J.B . Hartsfield and Dated: 11/3/86 Audrey Hartsfield, Rec ' d: 11/14/86 to Liber 10169 cp 01 Thomas A. Sargent and Allison Ijdms , his wife LAST OWNER OF RECORD PART. OF PREMISES ON NORTH: Dist. 1000 Sec. 00.6 . 00 Blk. 06 . 00 Lot 008 . 000 (PARCEL 2) Robert Hammond McLeod Dated: 8/23/49 To Rec 'd: 9/25/50 Albert D. Dawson & Liber 3130 cp 427 Dorothy M. Dawson, his wife Albert D. Lawson Dated: 5/22/67 Dorothy M. Dawson, his wife Rec' d: 6/1/67 To Liber.. 6160 cp 59 Stephen Figau LAST OWNER OF RECORD -continued- 8908-01157 Page 2=- i I ,1 PART OF PREMISES ON NORTH: - .::. . (PARCEL 2) RIGHT OF WAY PREMISES ON EAST: (PARCEL 1) RIGHT OF WAY PREMISES ON EAST: Dist. 1000 Sec. 006 . 00 Blk. 06 . 00 Lot 021 . 000 (PARCEL 2) Fishers Island. Farms Inc. Dated: 12/31/55 To Rec' d: 3/16/56 West End Land Company Inc. Lib.e.r 4085 cp 9 West End Land Company Inc. .i To Fishers Island Utility Company Dated: 6/6/66 Inc. Rec'd:. 6/13/66 Liber 5973 cp 17 Fishers Island Utility Company Dated: 12/l/71 Inc. Rec' d: 12/16/71 To Liber 70.69 cp 47 Clarence E. Bouten Sr. Clarence E. Bouten Sr. Dated: 7/3.0/73 To Rec' d: 8/6/73 Bouten Realty Inc. Liber 7462 cp 205 Bouten Realty, Inc. To Bouten Services , Incorporated Dated: 7/30/73. Rec' d: 8/6/73 Liber 74152 cp 203 Bouten - Atlas Holding Corp. Dated: 4/29/84 To Rec'd: 5/25/84 Anthony Marshall Liber 9569 cp 430 LAST OWNER OF RECORD PREMISES OF SOUTH: Dist. 1000 Sec . 0,06 . 00 Blk. 06 . 00 Lot 012 . 000 (PARCEL 1) Kate M. Newton Dated: 8/22/22 to Rec ' d: 9/13/22 Elizabeth W. Abbott Liber 1050 cp 485 George W. *Abbott Dated: 12/2/85 to Rec'd: 12/10/85 Cecilia Smith Abbott Liber 9932 cp 383. -continued- 8908-01157 PAGE PREMISES ON SOUTH: (CONTINUED) (PARCEL 1) Mildred W. Simpson Dated: 11/19/85 to Rec 'd: 12/10/85 Cecilia Smith Abbott Liber 9932 cp 391 James F. Nimblett Dated.: 1/8/86 to Rec ' d: 2/6/86 Cecilia Smith Abbott Liber 9974 cp 4.35 William H. Witt Jr. Dated: 1/21/86 to Rec' d: 2/6/86 Cecilia Smith Abbott Liber 9974 cp 433 Helene Abbott Warrek Dated: 4/8/86 to Rec ' d: 5/6/86 Cecilia Smith Abbott Libet 10031 cp 511 Cecilia Smith Abbott Dated: 5/20/87 to Rec ' d: 5/29/87 Thomas A. Sargent and Liber 10330 cp 251 Alison D. Ijams LAST OWNER OF RECORD ' (PARCEL 2) : Dist. 1000 Sec. 006 . 00 Blk. 06 . 00 Lot 020 . 003 Fishers Island Farms Inc. Dated: 12/31/55 To Rec ' d: 3/16/56 West End Land Company Inc. Liber.; 4085 cp 09 West End Land Company Inc. Dated: 6/6/,66., To Rec 'd: 6/13/66 Fishers Island Utility Company Liber 5973 cp 17 Inc. Fishers Island Utility Company Dated: 3/23/78 - Inc. Rec' d: 4/4/78 To Liber. 8408 cp 285 Regina S. Pyle LAST OWNER OF RECORD -continued- 8908-01157 Page 4. PREMISES ON WEST: Dist. 1000 Sec . 006 . 00 Blk. 06 . 00 Lot 003 . 000 (PARCELS 1 & 2) Nina Tilford Cameron Dated: 11/14/38 to Rec 'd: 11/18/38 George H. Cameron, an Liber. 2016 cp 72 undivided 1/2 int. i Nina Tilford Cameron CORRECTIO14 DEED : to Dated : 1/3/39 George H. Cameron, an Rec ' d : 1/9/39 undivided 1/2 int. Liber 2022 cp 520 The Augusta National Bank. Dated: 2/.23/55 of Staunton, as ancillary Rec ' d: 3/4/55 Admin. of LW&T of George if. Liber 384.8 cp 123 . Cameron to I Alfred F. King Jr . and Nancy N . King, his wife Cornelia Tilford Cameron a/k/a. Dated 2/l/55 Nina Tilford Cameron, Rec 'd: 3/4/55 Margaret Cameron Creel Liber 3848 cp 126 Nina Cameron Thompson, indiv. and heirs at law and distributees of George H. Cameron , dec ' d to Alfred F. King Jr. and Nancy N. King, his wife LAST OWNER OF RECORD concerning addition to the adst- Anucue III, Section 100-33, as 16, ; " - •.`:., : <:; ing one-family dwelling for use ' disapproved, for permission to g:00 p•m. App1. No. 3960— as a second dwelling unit.Pro- construct an accessory structure THOMAS &'ALLISON SAR- .. 1 (gazebo) in an area other than GENT. Variance to-the Zoning perty Location: 185 Inlet Lane, Greenport, County, Tax Map the required rear yard. Proper- Ordinance, Article III A, Sec 'No. 1000,Section 43;Block 004, ty location: 495 Bayview Ave- : tion 100-30 A.3,for.approval of , PP :,.,,...,,- .,,:� nue,Southold,NY;County Tax 7�137: �-:,. o.-p. 8 in area, width..and .:.,'..855p.m: App1.''No:�3938—' Map No. 1000, Section 052, ",depth of parcels, each with an ; .VILLAGE MARINE.Variances Block 05, Lot 23.• _ existing single-family.dwelling,,;°:: "to the Zoning Ordinance,'Arti- 7:35 p.m. Appl. No. 3962— in this pending division or re- cle XI,Section 100=112;Article HAROLD GORDON.Variance separation of.merged properties, XII,Section 1n 100C(1),Article to the Zoning Ordinance,"Arti- and for approval of•.reduced +{' 'XXIII,Section 239:4,and Arti- cle XXIV,Section 100-244 B,as yard setbacks between existing' cle XIX,for permission fo con-: disapproved, for permission to 'structures and property'lines,as,. x g prin- construct an(deck):addition to ,., .$tract addition to existing existin residence Proposed* P;oposed. Proposed construc ,u cipal building.with,insufficient' g P tion of new lots will have insuf F,. backs from the bulkhead;the construction will have insuffi- ficientwidth,depth and total lot ;'•easterly (rear) property line, cient side yard setback(s).."Pro .;area for this district. Pro erty ss':;' P , maintaining the nonconforming.: perty Location:: 124 Hickory ' "Location: Private Road of Fox _: .?;;.`northerly(side)setback,and to i IT3111 ,Southold,•County Tax jvmue,F">shets island,County ttinctu Map No. '1000, Section 78, , Taac Map No. 1000,Section 06, t' � � :Block 7, Lot 50 Block 06, Lot 07. �s ,J, ro rick)oat with .insufficient set- on backs from the northerly(side), �. 740 p.m.'Appl No:.3966- k,:;g;05 m.Matters of JAMES, _ PETER BLOOM. Variance to.z. : .• P• westerly;easterly property lines; - PETER,& CHRIS MESKOU- , : and bulkhead.Also-requested is the Zoning Ordinance, Article r RIS relief,as may be deemed neces- III�A,Section 100-30 A.3,as dis- Appeals No.3951 and 3957=.``° sary concerning parking and/or approved,. for permission to Variances to the Zoning Ordi-''' . ,landscaping under..the current construct a deck addition to.. 'nance, Article IIIA, .Section revisions.of the site plan regu- existing dwelling.Proposed con- : :: :100-30 A.3,Article XXIII,Sec-• lations.Zone District:Marine.I struction will have insufficient tion 100-239.4 (100-239d), and side yard setbacks. Property (M-I).Property location:'James P 'Article III,Section 100-31A,for::•<, Creek,east side of Bay Avenue,' . ` location:40 Old Shipyard Lane proposed, deck construction Mattituuck, :NY; .-:County.•Tax and 580 L'Hommedieu, which requires approval as tom � rr Map.Districf:1000,Section 122, Southold;County Tax Map No. sufficient sideyards,excessive lot '€i; Block 1000, Section 64, Block.2, Lot coverage, and reduced setback } -'The;Board of Appeals will`at 53. from.'the .minimum required said time and"place hear any and, 7c45 p.m. Appl. No. 3964— :from the ordinary highwater persons or representatives de-, KENNETH MINNICK.Special mark of Long Island Sound, 9 siring to be heard in each of the Exception to the Zoning Ordi- ; ;and for approval of this substan ;above matters. Written con- nance, Article III, Section dard parcel for dwelling use(as .meets may.also be submitted . 100-31 B(14),as disapproved,for 'exists)(re-separate lots that are ,;,prior to the conclusion of the permission'to establish acces- ..'.'.'Emerged). Property Location:.' sory apartment in proposed ad subject hearing..Each. hearing P 1350 Sound Beach-Drive,Matti- will not start before time allot dition to. existing one-family "tuck, 'County, Tax Map. No Additional time. for your:, dwelling structure. Property 1000;Section 106,Block 1,LotyP„'. "presentation:will be available,of location: 3305 Aldrich Lane, 36 and Lot 37 ^f ✓County Tax Map N ,� needed.'For more mformatuon, L�aur1000,Section 12A, ock 1,Lot 8:20 p.m Appl. No. 3955 , please call '765.1809 �, T,s,i DOMINICK SBLENDIDO 8k g Dated September 6'1990 3.2. A:''AURICCHIO.'Variance to r sr ; L ,. 7:50 m. A 1. No.'3967 '^ �•' BY ORDER OF P• PP the Zoning Ordinance, Article THE SOUTHOLD DOWN KIM CAMPBELL.Variance to III A, Sections 100-30A2.:;.t, ,. a;. f. BOARD.OF-APPEALS': the.Zoning Ordinance, Article` (IMMA)and 100 301'►:3,'Arh GERARD P...GOEHRINGER III, Section 100-33, as disap cle XXIII,Section 100-230(A), ' CHAIRMAN . proved, for permission to con- ;for interpretation regarding se . r , struct accessory garage in.an By'Linda Kowalski coed kitchen and for permit 1X;9/20/90(35) area other than the required rear yard area. Property Location:- East End Road,Fishers Island, _ NY;County Thx Map No. 1000i Section 004,Block 004,Lot 016. NOTICE OF HEARINGS'::'''' "7:55 p.m. Appl."No. 3963— ' NOTICE IS HEREBY' . FRANK CURRAN.Variance to GIVEN, pursuant to Section ":the Zoning Ordinance, Article 267 of the Town Law and the.s; =sIII,Section 100-30 A.4(100-33) Code of the Town,of Southold,'' I ',"-and .Article XXIII,' Section the following hearings will be '`100-239.4 B,as disapproved,for .`. held by the SOUTHOLD'` ':` ;.:permission to "construct-an 10WN BOARD OF APPEALS '.," .,;,:accessory building in an area at a Regular Meeting,.at the "",other than the required rear yard Southold Town Hall, Main •'` `-area and.with a setback of less Road, Southold,-NY 11971 on : ".than 75 ft. from the bulkhead. WEDNESDAY,"SEPTEMBER Property Location: 780 Hay- 26, 1990,at the following Hines: .":":`waters.. Road..-(Peconic•`Bay. 7:30 p.m. Appl. No. 3961— . ;A' Properties.Subdivision), Cut- VENETIA McKEIGHAN.Var-. chogue, County Tax Map No. iance to the 7.nnina Orrlinanrn 1(W. Section 111. Mock 1. T nt APPEALS BOARD MEMBERS ra - , ` " SCOTT L. HARRIS Gerard P. Goehringer, Chairman "< IF ' ®'Y' Supervisor d�A • Charles Grigonis, Jr. �� a Town Hall, 53095 Main Road Serge Doyen, Jr. P.O. Box 1179 Joseph H. Sawicki Southold, New York 11971 James Dinizio, Jr. BOARD OF APPEALS Fax (516) 765-1823 Telephone (516) 765-1809 TOWN OF SOUTHOLD Telephone (516) 765-1800 . TO WHOM I T'MAY. CONCERN: Enclosed herewith as confirmation of the time, date and place of the public hearing concerning your application is a COPY of the Legal Notice, as published recently in the Long Island Traveler-Watchman, Inc. and Suffolk Times, Inc. Please have someone appear in your behalf at the time specified in the event there are questions brought up during the. same and in order to prevent a delay in the processing of your applicationh Your public hearing will not start before the , times allotted in the attached Legal Notice. Please feel free to call our office prior to the .hearing date if you have questions. or wish to update your file. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski APPEALS BOARD MEMBERS 'fit ' " ' r�r, SCOTT L. HARRIS ' P Su ervisor Gerard P. Goehringer, Chairman �' Charles Grigonis, Jr.Serge Doyen, Jr. Town Hall, 53095 Main Road Joseph H. Sawicki P.O. Box 1179 Southold, New York 11971 James Dinizio, Jr. BOARD OF APPEALS Fax (516) 765-1823 Telephone (516) 765-1809 TOWN OF SOUTHOLD Telephone (516) 765-1800 TO WHOM IT MAY CONCERN; Enclosed herewith as confirmation of the time, date and place .of the public hearing concerning your application is a copy of the Legal Notice, as published-in the Long Island Traveler-Watchman, Inc. and Suffolk Times, Inc. Please have someone appear in your behalf at the time specified in the event there are questions brought up during the same and in order to prevent a delay in the processing of your application. Your public hearing will not start before the times allotted in the attached Legal Notice. Please feel free to call our office prior to the hearing date if you have questions or wish to update your file. Yours very truly, GERARD 1k. GOEHR GER CHAIRMAN df f ' t, Yam. elf 1" - APPEALS BOARD MEMBERS N T SCOTT L. HARRIS Gerard P. Goehringer, Chairman V�� Supervisor Charles Grigonis, Jr. .y Ol �� Town Hall, 53095 Main Road Serge Doyen, Jr. P.O. Box 1179 Joseph H. Sawicki Southold, New York 11971 James Dinizio, Jr. BOARD"OF APPEALS Fax (516) 765-1823 Telephone (516) 765-1809 TOWN OF SOUTHOLD Telephone (516) 765-1800 S.E.Q.R.A. July 25 , 1990 TYPE II ACTION DECLARATION Appeal No. 3960 Project/Applicants: Thomas & Allison Sargent County Tax Map No. 1000- 6-6,-7 Location of Project: Pvt. Rd. off Fox Ave; , Fishers Island , NY Relief Requested/Jurisdiction Before This Board in this Project: Permission to subdivide a non-conforming lot. New lot. will have insufficient width , depth and total lot area . This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. An Environmental Assessment (Short) Form has been submitted with the aubject 'application indicating that no significant adverse environmental effects are likely to occur should be project be implemented as planned. It is determined that this Board' s area of jurisdiction concerning setback, area or lot-line variances determines this application to fall under the established list of Type II Actions. Pursuant to Section 617 .2jj , this Department is excluded as an involved agency. This determination shall not, however, affect any other agency' s interest as an involved agency under SEQRA 617 .2jj . For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. me A . APPEALS BOARD MEMBERS p ,: ..;� w SCOTT L. HARRIS Gerard P. Goehringer, Chairman �'+` ° ��r"' F Supervisor lj Charles Grigonis, Jr. Serge Doyen, Jr. Town Hall, 53095 Main Road P.O. Box 1179 Joseph H. Sawicki Southold, New York 119 James Dinizio, Jr. BOARD OF APPEALS Fax(516) 765-1823 -. Telephone (516) 765-1809 TOWN OF SOUTHOLD Telephone (516) 765-1800 i August- 28, 1990 TO WHOM IT MAY CONCERN: Our Regular Meeting of September 6, 1990 has been cancelled, we will be rescheduling another meeting date sometime in the middle of September. If you have any questions please call this department at (516) 765-1809. Yours very truly, Gerard P. Goehringer chairman By Doreen Ferwerda - I o��FFo�K�o� o y Town Hall, 53095 Main Road �� • P.O. Box 1179 Southold, New York 11971 JUDITH T.TERRY FAX(516)765-1823 TELEPHONE(516)765-1801 TOWN CLERK REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: SOUTHOLD TOWN ZONING BOARD OF APPEALS FROM: JUDITH T. TERRY, SOUTHOLD TOWN CLERK RE: ZONING APPEAL NO. 3960, THOMAS A. SARGENT DATE: JULY 10, 1990 Transmitted is application for variance submitted by Cruser, Hills, Hills and Besunder on on of THOMAS A. SARGENT together with notification to adjacent property owners; Notice of Disapproval from the Building Department; short environmental assessment form; Zoning Board of Appeals Questionnaire form; copy of Deed; Title search for property owned by Thomas A. Sargent; Planning Board Questionnaire form; letter from Cruser, Hills, Hills is Besunder making an application to the Planning Board for a minor subdivision; application for approval of plat from the Planning Board; and survey of property. Judith T. Terry 40 Southold Town Clerk Copies of Legal Notice to the following on or about Septem- ber 17, 1990: Mr. and Mrs. Harold Gordon 124 Hickory Avenue Southold, NY 11971 Mr. K.T. Grathwohl, Jr. Willow Pond Lane Southold,. NY J197.1 Mr. and Mrs. Peter Bloom 135 Pacific Street Brooklyn, NY 11201 Mr. and Mrs. Kenneth Minnick 3305 Aldrich Lane P.O. Box 201 Laurel, NY 11948 Mr. Jacobs Albert James V. Righter Architects, Inc. 58 Winter Street Boston, MA 02108 Environment East,. Inc. 3075 Indian Neck Lane Peconic, NY 11958 rchael N. Hills, Esq. 2106 Roanoke Avenue Riverhead, NY. 11901 . Mr.. James Fitzgerald Proper-T Services P.O. Box 617 Cutchogue, NY 11935 Philip J. Cardinale, Esq. Cardinale & Cardinale P.O. Box W Jamesport, NY 11.947 Charles R. Cuddy, Esq. P.O. Box 1547 180 Old Country Road Riverhead, NY 11901 Mrs. Venetia McKeighan 495 Bay View Avenue Southold, NY 11971 LAW ❑FFICES CRUSER, MILLS, HILLS & BESUNDER 2D6 RDANL]iSE AVENUE RIVERHEAD,N.Y. 119D3-Z'794 516-727-3904 FAX NO: 516-727-3940 6OUTH.k MPTON ❑FFICE GEORGE L.CRUSER 77 HAMPTON ROAD EDGAR HILLS SOUTHAMPTON,N.Y. 11SES-452S MICHAEL N.HILLS 516-283-4485 HARVEY S.BESUNDER NANCY BURNER June 6 , 1990 Southold Town Planning Board Town Hall Southold, New York 11971 RE: THOMAS A. SARGENT MINOR SUBDIVISION Gentlemen: The undersigned represents Thomas A. Sargent who hereby makes application for a minor subdivision of property at Fishers Island, New York. The property consists of two ( 2 ) residences on one ( 1) lot. It is Mr. Sargents desire to subdivide the property so that he may sell off one ( 1) of the houses . There are no changes to the property what so ever, and we are making applica- tion to the zoning board for variances . The tax map number for the property is 1000-006-06-007 . Thank you. Very truly yours, CRUSER, HILLS, HILLS & BESUNDER Michael N. Hills MNH: llc 1S•t i-S 1 971_T,,1 12 r- PPgJECTNUMBER 617.21 SEO R Appendix C State Enviro�nmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM '- - For UNLISTED ACTIONS Only —PART t—PROJECT INFORMATION (To be completed by Applicant or Project sponsor) 1. APPLICANT/SPONSOR THOMAS A. SARGENT 2. PROJECT NAME NOR SUBDIVISION MI 9. PROJECT LOCATION: Southold Munlclpallty Fishers Island Town of county Suffolk 4, PRECISE LOCATION(Street address and road intersections,prominent landmarks,etc.,or provide map) Rowls Fox Avenue, Fishers Island, New York 4585 . 93 Feet and west 1719 . 37 from US Coast Tax Map No. 1000-006 . 00-06-007 5. IS PROPOSED ACTION: tt��t • ❑New ❑Exoanslon t Modificatlan/alteratlon 6. DESCRIBE PROJECT BRIEFLY: Minor subdivision of two existing houses I t 7. AMOUNT OF LAND AFFECTED: ' Initially 1 4 acres Ultimately - 1 acres S. WILL PROPOSEDAC710N CO.'+1PLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTlONS7 tb tes ❑No If No,describe briefly 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? --r�am r Residential ❑Industrial `U Commercial ❑A riculture Describe: g ❑Park/Forest/Open space ❑Other 10. DOES ACTION INVOLVE A PERMIT APPROVAL,OR FUNDING,NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY(FEDERAL, STATE OR LOCAL)? ❑Yes ®No If yes,list agency(s)and permit/approvals 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? ❑ 1- Yes L:J•No H yes, list agency name and permit/approval 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REOUIRE MODIFICATION? ❑Yes UNo I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicantlsponsor name: THOMAS A SARGENT 66 /90 Date:SIqnatuj 1, It the action is in the Coastal Area. and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER 1 (Continued on reverse side) _ - - 1 The N.Y.S. Environmental Quality Review Act requires submission before any action is of this form, and an environmental review will be made Ly this Board taken. _ SHORT ENVIRONMENTAL ASSESSMENT FORM INSTRUCTIONS: (a) In order to answer the questions in this short EAF it is assumed ' that the preparer will use currently available information concerning the project and the likely impacts of the action.. It is not expected that additional studies, research or other investigations will be undertaken. (b) If any question has been answered Yes the project may be sig- nificant and completed Environmental Assessment Form is necessary. (c) If all questions have been answered No it is likely that the project is not significant. (d) Environmental Assessment 1. Will project result in a large physical change to the project site or physically alter more than 10 acres of land? _Yes INO 2. Will there be a major change to any unique or unusual land form on the site? _Yes AO 3. Will project alter or have a large effect on an existing body of water? Yes _JNo 4. Will project have a potentially large- impact on groundwater quality? _Yes j�.INo 5. Will project significantly effect drainage flow on adjacent sites? ` Yes �No 6. Will project affect any threatened or endangered plant or animal species? � e Yes f,�No 7. Will project result in a major adverse effect on air quality? ` �' Yes �"No . 8. Will project have a major effect on visual char- acter of the community or scenic views or vistas known to be important to the community? Yes ZNo 9. Will project adversely impact any site or struct- ure of historic, pre-historic, or paleontologicaL importance or any site designated as a critical envircnmental area by a local agency? • Yes _L/No 10. Will project have a major effect on existing or / ~ future recreational opportunities? Yes j,�fdo 11. Will project result in major traffic problems or cause a major effect to existing transportation systems? _Yes JZNo 12. Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- ance as a result of the project's operation? Yes II NO 13. Will project have any impact on public health or safety? _Yes __IINo 14. Will project affect the existing community by directly causing a growth in permanent Popula- tion of more than 5 percent over a one-year Yes period or have a major negative effect on the -J.—INo character of the community or neighborhood? 15. Is there public controversy concerning the project? Yes No Preparer's Signature.!/% �%n ��iZ ..y Rem resenting: 2+a y/75 Date: 61-P4G r' . ..s - 4 C QUESTIONNAIRE TO BE COMPLETED AND SUBMITTED MT11 YOUR APPLICATION F OIMS TO THL BOARD OF APPEALS Please complete, sign and return to the Office of the Board of Appeals with your completed application forms. If "Yes" is answered to any questions below, please be sure to depict these areas on your survey (or certified sketch) , to scale, and submit other supporting documenta- tion. 1. Are there any proposals to change or alter land contours? Yes No 2.a)Are there any areas which contain wetland grasses? (Attached is a list of the wetland grasses defined by Town Code, Ch. 97 for your reference. ) Yes b)Are there any areas open to a waterway without bulkhead? Yes No 3. Are there existing structures at or below ground level, such as patios, foundations, etc? Yes No 4. Are there any existing or proposed fences, cancrete barriers, decks, etc? Yes No ..v . 5. If project is proposed for an accessory building or structure, is total height at more than 18 feet above average ground level? State total: ft. Yes No 6. If project is proposed for principal building or structure, is total height at more than 35 feet above average ground level? State total: ft. Yes 7. Are there other premises under your ownership abutting this parcel? If yes, please submit copy of deed. Yes No 8. Are there any building permits pending on this parcel (or abutting land under your ownership, if any) ? Yes No State Permit # and Nature: 9 . Do state whether or not applications are pending concerning these premises before any other department or agency (State, Town, County, Village, etc. ) : Planning Board Yes No Tom Board Yes o Town Trustees Yes No County Health Department Yes o Village of Greenport Yes o N.Y.S.D.E.C. Yes . o Other Yes io 10. Is premises pending a sale or conveyance? If yes, please submit copy of .names or purchasers and conditions of sale. . (from contract) es No 11. Is' new construction proposed in the area of contours at 5 feet or less as exists? Yes �vo 12. If new construction is proposed in an area within - 75 feet of wetland grasses, or land area at an eleva- tion of five feet or less above mean sea level, have you made application to the Town Trustees for an _ inspection for possible waiver or permit under the requirements of Ch. 97 of the Town Code? Yes No 13. Please list present use or operations conducted upon the subject property at this time O-es�A-w � and proposed e_eSILeA/C Please submit photographs for the record. I certify that the above s•�atements are true and are being submitted for ,�� reliance by the Board of appeals in considering my application. Signature: U roperty caner Authoriz d Agent) 1/88 QUESTIONNAIRE TO BE COMPLETED AND SUBMITTED IETI1 YOUR APPLICATION F0:2i•IS TO THL BOARD OF APPEALS Please complete, sign and -return to the Office of the Board of Appeals with your completed application forms . If "Yes" is answered to any questions below, please be sure to depict these areas on your survey (or certified sketch) , to scale, and submit other supporting documenta- tion. 1. Are there any proposals to change or alter land contours? Yes 2.a) Are there any areas which contain wetland grasses? (Attached is a list of the wetland grasses defined by Town Code, Ch. 97 for your. reference. ) Yes N b)Are there any areas open to a waterway without bulkhead? Yes N 3. Are there existing structures at or below ground level, such as patios, foundations, etc? Yes No 4. Are there any existing or proposed fences, concrete barriers, decks, etc? Yes 5. If project is proposed for an accessory building or structure, is total height at more than 18 feet above average ground level? State total: ft. Yes No 6. If project is proposed for principal building or structure, is total height at more than 35 feet above average ground level? State total:' ' " " " ft. Yes C�D 7. Are there other premises under your ownership abutting this parcel? If yes, please submit copy of deed. Yes 8. Are there any building permits pending on this parcel (or abutting land under your ownership, if any) ? Yes e6 State Permit # and Nature: 9 . Do state whether or not applications are pending concerning these premises before any other department or agency (State, Town, County, Village, etc. ) : Planning Board ' Yes o Tom Board Yes Town Trustees Yes County Health Department Yes o Village of Greenport Yes N.Y.S.D.E.C. Yes Other Yes io 10. Is premises pending a sale or conveyance? If yes, please submit copy of names or purchasers and conditions of sale. .(from contract) es No 11. Is' new construction proposed in the area of contours at 5 feet or less as exists? Yes No 12. ' - If new construction is proposed in an area within 75 feet of wetland grasses, or land area at an eleva- tion of five feet or less above mean sea level, have you made application to the Town Trustees for an inspection for possible waiver or permit under the requirements of Ch. 97 of the Town Code? Yes No 13. Please list present use or oper-ions conducted upon the subject property a this time 4'� ,,,CE' and proposed 06/VCP Please submit photographs for the record. I certify that the above statements are true and are being submitted for ,�f� relian e by the Board of Appeal in con idering my application, f Signature (Pr erty aner) (Authorized Agent) 1/88 i' WETLANDS [Amended 8-26-76 by L.L. No. 2-1976: 3-26- - 85 by L.L.No.G-19851: A. TIDAL WETLANDS: (1) All lands generally covered or intermittently cov- ered with,or which border on, tidal waters, or lands lying beneath tidal waters, which at mean low tide are covered by tidal waters to a maximum depth of five (5) feet, including but not limited to banks. bogs, salt marsh, swamps, meadows, flats or other low lying lands subject to tidal action: (2) All banks, bogs, meadows, flats and tidal marsh ` • subject to such tides and upon which grows or may grow some or any of the following: salt hay, black grass. saltworts, sea lavender, tall cordgrass, high bush, cattails, groundsel, marshmallow and low march cordgrass;and/or (3) All land immediately adjacent to a tidal wetland as defined in Subsection A(2) and lying within seven- ty-five (75) feet landward of the most landward edge of such a tidal wetland. B. FRESHWATER WETLANDS: (1) "Freshwater wetlands"as defined in Article 24. Ti- tle 1, § 24-0107, Subdivisions 1(a) to 1(d) inclusive. of the Environmental Conservation Law of the State of New York:and (2) "All land immediately adjacent to a"freshwater wet- land,"as defined in Subsection 13(1)and lying with- in seventy-five(75) feet landward of the most land- ward edge of a"freshwater wetland." 9705 omo om - vo and Agencies in New snn-nn and New Jersey. Nationa4 ' Chicago Title Insurance K`o00 :»v�q��' �=�e�~ mowm;�m "mo� ^ 7�� EAST MAIN %T. Company...� ' . _IVERHEAD/ N^Y^­11901 (800) 248-CTIC " Numberli Date Transaction Rate Mamal Refereme Insurance Fee Fee Fee $ TITLE VESTED IN: CHARGES MTG FEE DESCRIPTIONS CODE AMOUNTS CODE AMOUNTS ` ' ` X—CHAIN + IF ANY INSTITUTION ACCOUNT: TMAN: Mun. Dept. Searches: [I H & B E] Fire REFERRAL ACCOUNT: TMAN: D C.O. Other: TOWN OF SOUTHOLD' S ' WLY CORNER OF THE HEREINAFTER DESC. AND WEST 1 , 719.37 ,FEET FROM U.0 COAST ANDAEODETIC SURVEY STATION OPRO-S" Address X SURVEY NONE AS OF EXISTIN AS OF POLICY DATE COVERAGE SURVEY DATE?;J�71RDER NEW El USE EXISTINGNT77 PLEASE RUN FOR SINGLE & SEPERATE OWNERSHIP� NOTE : IN CASE OF CANCELLATION OF THIS SPECIAL SEARCH, THE FEES CHARGED WILL REMAIN THE SAME. DELI -DISCOUNT Copies Prior Insurer.. ^ Closing Area Trans, Rate Iman Rec'd By Prop. Type Mtg Data THANK YOU FOR YOUR APPLICATION FOR THE EXAMINATION OF TITLE TO THE ABOVE DESCRIBED PREMISES.OUR CHARGES,ON THE 13ASIS OF OUR FILLED RATE SCHEDULE ARE NOTED.SUWsC7mANYnIEVISIOwDUsTO ANYmESInED CHANGE wmABIuTYxwo THE ADDITION�ANY � �� ���xuVnwom � ��ausw WE SHALL oo OUR BEST TO Rsponr THIS TITLE PROMPTLY AND FACILITATEITS CLOSING. ' .' VERY TRULY YOURS, . FELECIA WILLIAMS Servichg Your Amount 5i6 727 39O4 (1) TEL: APPLICANT, �TG� <2) TEL ^ RUJER' MILLS, HILLS AND --� �— —� . BE%UNDER' E%Q%. 206 ROANOKE AVENUE ' - RIVERHEAD, NY 11901 � . ATT : MICHAEL 'HILLSf ESQ. ' | | | | p/mm ' HOM TI'I7.E DIVISION CHICAW TITLE INSUP.V= C WMY 00UNV CF SLNT=) TITLE N• 8 9 0 8-0115 7 )SS. STATE OF NEW YOM THIS is to Certify that Thomas A. Sargent & Allison Ljams, his wife is (are) the owners) of record of southwesterly- corner of the hereinafter described premises; sd point being North 4 , 585.93 feet & West 1, 719- 37 feet from U.S. Coast & Geodetic survey Station "PROS" Dist. 1000 Sec. 006 . 00 Block 06. 00 Lot 007 . 000 THAT they acquired title thereto by deed dated 11/3/8 6 re=ded in Liber 10169 cp 01 on 11/14/8 6 that I have made a search of the records of the Suffolk County Clerk and/or Registrar's office, and'that said search shows that neither the said owner nor any predecessor in title of the said premises owned contiguous rn�onecty at any tim sip 1957 except as follows; PREMISES ON NORTH That the applicant herein does not own any contiguous property except as follows. PREMISES ON SOUTH This certification is made with the intention of the reliance thereon by the Board of Appeal's and/or Building Depart of the Town of SOUTHOLD CAROLYN MC PHERSON . Law Department Sworn to before me this 19 th day of AP RI L �J 19 89 Notary Public, Suffolk County, N.Y. RONALD KANKA NOTARY PUBLIC,State of New York No. 52-7153235, Suffolk County Commission Expires t SUBJECT PREMISES: Dist. 1000 Sec. 006. 00 Blk. 06.00 Lot 007 . 000 Robert Hammond McLeod Dated: 8/23/49 to Rec'd: 9/25/50 Albert D. Dawson and Liber 3130 cp 427 Dorothy M. Dawson, his wife Albert D. Dawson and Dated: 5/2/64 Dorothy M. Dawson, his wife Rec'd: 5/5/64 to Liber 5537 cp 580 J.B. Hartsfield and Audrey Hartsfield, his wife J.B. Hartsfield and Dated: 11/3/86 Audrey Hartsfield, Rec'd: 11/14/86 to Liber 10169 cp 01 Thomas A. Sargent and Allison Ijdms, his wife LAST OWNER OF RECORD PREMISES ON NORTH: Dist. 1000 Sec. - 006. 00 Blx. 06 .00 Lot . 006 . 000 Cornelius Duncan and Dated: 3/--/23 Ella Duncan, his wife Rec'd: 4/14/23 to Liber 1069 cp 221 William Lawson and Florence Lawson, his wife Florence Lawson died 10/16/.35, William Lawson died .l0/5/40 Administration leaving-G. William Lawson, son, Albert Lawson, son and Charlotte Berrian, daughter. G. William Lawson and Dated: 8/30/66 Louise Lawson Rec 'd: 9/28/66 to . Liber 6040 cp 266 J.B. Hartsfield, - Audrey Hartsfield and Dana May Hartsfield LAST OWNER OF RECORD PREMISES ON EAST: RIGHT OF WAY -continued- 8908-01157 Page 1 I PREMISES ON SOUTH: Dist. 1000 Sec. 006. 00 Blk. 06. 00 Lot 012 . 000 Kate M. Newton Dated: 8/22/22 to Rec'd: 9/13/22 Elizabeth.W. Abbott Liber 1050 cp 485 George W. Abbott Dated: 12/2/85 to Rec'd: 12/10/85 Cecilia Smith Abbott Liber 9932 cp 383 Mildred W. Simpson -Dated: 11/19/85 to Rec 'd: 12/10/85 Cecilia Smith Abbott Liber 9932 cp. 391 James F. Nimblett Dated: 1/8/86 to Rec 'd: 2/6/86 Cecilia Smith Abbott Liber .9974 cp 435 William H. Witt Jr. Dated: 1/21/86 to Rec'd: 2/6/86 Cecilia Smith' Abbott Liber 9974 cp 433 Helene- Abbott Warrek Dated: - 4/8/86 to Rec'd: 5/6/86 Cecilia Smith Abbott Liber 10031 cp 511 Cecilia Smith Abbott Dated: 5/20/87 ;to Rec'd: 5/29/87 Thomas A. Sargent and Liber 10330 cp 251 Alison D. Ijams LAST OWNER OF RECORD PREMISES ON WEST: Dist. 1000 Sec. 006. 00 Blk. 06. 00 Lot 003 .000 Nina Tilford Cameron Dated: 11/14/38 to Rec 'd: 11/18/38 George H. Cameron, an Liber 2016 cp 72 undivided 1/2 int. Nina Tilford Cameron CORRECTION DEED: to Dated: 1/3/39 George H. Cameron, an Rec'd: 1/9/39 undivided 1/2 int. Liber 2022 cp 520 -continued- 8908-01157 Page 2 PREMISES ON WEST: (CONTINUED) The Augusta National Bank Dated: 2/23/55 of Staunton, as ancillary Rec'd: 3/4/55 Admin. of LW&T of George 11. Liber 3848 cp 123 Cameron to Alfred F. King Jr. and NAncy N. King, his wife Cornelia Tilford Cameron a/k/a Dated: 2/l/55 Nina Tilford Cameron, Rec 'd: 3/4/55 Margaret Cameron Creel Liber 3848 cp 126 Nina Cameron Thompson, indiv. and heirs at law and distributees of George- H. Cameron deed to Alfred F. King Jr. and Nancy N. King; his. wife LAST OWNER OF RECORD 8908-01157 Page 3 TOWN OF SOUTHOLD, NEW YORK APPEAL. FROM, DECISION OF BUILDING INSPECTOR APPEAL NO. DATE ..June..........._1990 TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1 ) ..THOMAS..A'...SARGENT.......................of ...16...M..aPle .Park ........................... Name of Appellant Street and Number 02159 Newton ..Massachusetts HEREBY APPEAL TO .................................................................................... ....... Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATIONFOR PERMIT NO. .................................... DATED ...................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO TH014AS A. SARGENT ................................................................................. Name of Applicant for permit of 16 Maple Park, Newton, Massachusetts 02159 ..........................................................................ri.................................................. Street and Number Munici ali State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY (KX) Variance to area and front and side yard requirements 1. LOCATION OF THE PROPERTY PVY. .....of Fox Ave.�. Fishers ..Island ... .... ... . . .. .. S .. ........... ....... . ............. ..... .................. . Street /Hamlet / Use District on Zoning Map District 1000 Section 06 Block 0 6 Lot 00 7 Current Owner Thomas A. Sargent .... ................................................. ......................... Mo..p No. Lot No. prior Owner PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article Section 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) (XX) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (has) (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance -and was made in Appeal No. ................................Dated ...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (XA A Variance to the Zoning Ordinance is requested for the reason that the area and front, rear and side yard requirements be reduced to meet the existing conditions on these lots. Applicant is simultaneously applying to the planning board for approval of a minor subdivision of his property into two (2) lots . There are presently two (2) homes on one (1) piece of property together with a garage and apartment. Applicant will not change any of the buildings on the premises so they will not be any closer to an adjoining property Farm ZBl (Continue on other side) owner than now exists. The population density will not change. The distance between the existing buildings within the premises will not change. The character of the neighborhood will not be affected since all properties in this area are on extremely small pieces of land. One building across the street from the subject property will be closer to front line than any of the structures on this property will be closer to side lines. The fact of the matter is that even if turned down the structures will remain in the same manner. Applicant has a financial hardship in that his property is larger than most of the other properties in his area. In the downturning real estate market,applicantwill be able to recoup some of his investment by selling off one of these lots. It will increase the tax base of the town by having two (2) separate parcels. , i. Y QUESTIONNAIRE TO BE COMPLETED AND SUMITTED KTH YOUR APPLICATION FO1T4S TO THE BOARD OF APPEALS Please complete, sign and -return to the Office of the Board of Appeals with your completed application forms. If "Yes" is answered to any questions below, please be sure to depict these areas on your survey (or certified sketch) , to scale, and submit other supporting documenta tion. 1. Are there any proposals to change or alter land contours? Yes No 2.a)Are there any areas which contain wetland grasses? (Attached is a list of the wetland grasses defined by Town Code, Ch. 97 for your reference. ) Yes No b)Are there any areas open to a waterway without bulkhead? Yes 1. o 3. Are there existing structures at or below ground level, such as patios, foundations, etc? Yes No -- - 4. Are there any existing or proposed fences, concrete "- barriers, decks , etc? Yes No 5 . _ If project is proposed for an accessory building or structure, is total height at more than 18 feet above average ground level? State total: ft. Yes 6. If project is proposed for principal building or structure, is total height at more than , 35 feet above average ground level? State total:,'' ft. Yes NO 7. Are there other premises under your ownership abutting this parcel? If yes, please submit copy of deed. Yes No 8. Are there any building permits pending on this parcel (or abutting land under your ownership, if any) ? Yes AD I: State Permit # and Nature: 9 . Do state whether or not applications are pending concerning these premises before any other department or agency (State, Town, County, Village, etc. ) : Planning Board Yes Town Board Yes o� Town Trustees Yes of County Health Department Yes o , Village of Greenport Yes N.Y.S.D.E.C. Yes Other Yes 1 10 . Is premises pending a sale or conveyance? If yes, please submit copy of names ,or purchasers and conditions of sale. (from contract) es No 11. Is new construction proposed in the area of contours at 5 feet or less as exists? Yes 12 . If new construction is proposed in an area within 75 feet of wetland grasses, or land area at an eleva- tion of five feet or less above mean sea level, have /'�� ts.;r,.s :�a;l_-�xt 12 PROJECT I.D.NUMBER 617 21 ` SEOR Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM -- - For UNLISTED ACTIONS Only PART I—PROJECT INFORMATION (To be completed by Applicant or Project sponsor) — 1. APPLICANT/SPONSOR THOMAS A. SARGENT 2. PROJECT NAME MINOR SUBDIVISION 3. PROJECT LOCATION: Southold Munlcloallty Fishers Island Town of county Suffolk 4. PRECISE LOCATION(Street address and road intersections,prominent landmarks,etc,or provide map Rowls Fox Avenue, Fishers Island, New York 4585 . 93 Feet and west 1719 . 37 from US Coast Tax Map No. 1000-006 . 00-06-007 S. IS PROPOSED ACTION: ❑New ❑Exoanslon 13 Modification/alteration 6. DESCRIBE PROJECT BRIEFLY: Minor subdivision of two existing houses I 7. AMOUNT OF LAND AFFECTED: ' Initially l/4 acres Ultimately 1/4 acres 8. WfIL�L�PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS7 tau9Ces ❑No It No,describe briefly 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? Residential ❑Industrial `LJ Commercial Describe.• ❑Agriculture ❑Park/Forest/Open space ❑Other 10. DOES ACTION INVOLVE A PERMIT APPROVAL,OR FUNDING,NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY(FEDERAL, • STATE OR LOCAL)? ❑Yes ®No It yes,list agency(s)and permit/approvals. If. DOES ANY Arr--S44P��ECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? ❑Yes 13No 1!yes,list agency name and permit/approval ;i • 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? ❑Yes ['No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicantrsoonsor, name: mHOMAS A SARGENT Dale: 6 6/90 Signature: �`r k.., ✓< If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER 1 (Continued on reverse side) ., - LAW OFFICES ` CRUSER, HILLS, HILLS & BESUNDER 20e ROANOKE AVENUE RIVERHEAO, N.Y. IIS01-27S4 516-727-3904 FAX NO: 516-727-3940 SOLITHAMPTON OFFICE GEORGE L.CRUSER 77 HAMPTON ROAD EOGAR HILLS SOUTHAMPTON,N.Y. 11SES-4S2S MICHAEL N.HILLS 516-283-4485 HARVEY S.SESUNDER NANCY BURNER June 20 , 1990 Southold Town Hall_ 53095 Main Road Southold, New York 11971 RE: Thomas A. Sargent R/WS of Fox Avenue, Fishers Island, New York Dear Doreen: As requested, enclosed please find Proof of Mailing, together with certified receipts , regarding the above matter. Kindly attach same to your application. Thank you. Ver %truly yours ,,-� J / � CRIU,'S�R, HILLS, HILLS & BESUNDER L ur'ie Carlesco 1 LC/ f� Encs . 7 F<r t PROOF OF MAKING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS .AMA ADDRESS STEVEN FIGALL Box 1740 Hobe Sound, Florida 33455 P-624 924 654 :1ECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIOEO NOT FOR INTERNATICNAL MAIL , (See Reverse) o 0 Sent to M Mr. Steven Fi all a Street and No. a BOX 1.740 q PH.obeanSound, Fla. 33455 Postage S � >rtdietl Fee " r Special Delivery Fee Restricted Delivery Fee Return Receipt showing rn to whom and Date Delivered m Return Receipt showing to whom. *- Date.and Address of Delivery m TOTAL Postage and Fees gi Postmark or Date E June .20" :1990 0 LL - H a STATE OF NEW YORK ) COUNTY OF SUFFOLK ) ss.: LAURIE CARLESCO. residing at 500 Peconic Street Ron]<onkorna, New York being duly sworn, deposes and says that on the 20 day verse side hereof, directed to each of the shove-named persons at the ad r�ses set oNotice set forth on the re- tames; that the addresses set o pposite th r respective pposite the names of said persons are th addresses of said pe sons as nited Statshown on Post Of. certified) (registered) mail. he current assessment roll of the. Town of Southold; that sai� Notices'were mailed at the ice at Riverhead New York ; that Said Notices were mailed to e:lch of said persons by LAURIE Cie RLE worn to before me this 20th ' 3y o June , 19 90 ' Notary Public MICHAEL N.HILLS Notary Public,State of New York No.6902735 Qualified in Suffolk County Commission Expires Dec. 31, 1990 is side does not have to be completed on form transmitted tO adjoining operty owners . ) PROOF OF MAILIN OF NOTI GIE ATTACH CERTIFIED MAIL RECEZP S >; N^ ADDRESS J B HARTSFIELD Fishers Islarid, NY P-6211 924 655 RE6EIPT FOR CERTIFIED 'iMML NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL (See Reverse) m rSenttO� B Ha tes i ld No.hers Island NY e.and ZIP Code a 06390 . E I Cq Postage S Certified Fee Sp gal Delivery Fee' .1 estricted Delivery Fee Return Receipt showing to whom and Date Delivered In � Return Receipt showing to whom. M Date.and Address of Delivery tv TOTAL Postage and Fees S f Postmark or Date June 20 , 1.990 E LL 0 to a STATE OF NEW YORK ) COUNTY OF SUFFOLK ) ss.: Laurie Carlesco residin at -i ,_ . Ruiinonl:oma, NY S 5 U C P�.con i t S ��t being duly sworn, depo$es and says that on the ?C � j� day of June �- 19 �(�, deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the;/addresser, of said persons a own on the current assessment roll of the Town of Southold; that sai� Notice w' ere mailed at the Unite States Post Of- :ice at Riverhead New Yeri; ; char saf .certified) (registered) mail. fs were mailed to each o said persons by i �.: '? ,worn to before me this 20th AURIE CA12LE C a of June 19 Notary Public MICHAEL N.MILLS NOMY Public,State of New York No.690273b Qualified In Suffolk County Commission Expires Dec.31, 1990 IiS side does not have to be completed on form transmitted to adjoining 'Operty owners . ) PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS NAME ADDRESS STOWE C. PHELPS • 149 East 73rd Street New York, New York 10021 -P 875 984 540 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL (See Reverse) Sent to Stowe C. Phelps Street and No. 149 E. 73rd St. P.O..State and ZIP Code New York, NY 10021 Postage J S C ified Fee ecial Delivery Fee Restricted Delivery Fee Return Receipt showing to whom and Date Delivered N 00 Return Receipt showing to whom, Date.and Address of Delivery m TOTAL Postage and Fees S61 o o Postmark or Date E June 20, 1990 0 U. N a STATE OF NEW YORK ) ss.: COUNTY OF SUFFOLK ) Laurie Carlesco residing at 500 Pec on i c St-T-eet Riverhead, New York being duly sworn, deposes and says that on the 20 day of June , 19 90 , deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names: that the addresses set opposite the names of said persons are th 'addresses of said per s as shown on the current assessment roll of the Town of Southold; that said Notices7were mailed at the nited States Post Of- fice at Riverhead, NY ; that said NoticQ's were mailed to a ch o�said persons by (certified) (registered) mail. Aft-LE C.ARLESI:O Sworn to before me this 20t1i ( / day oV June , 19 90 Notary Public A4X NAEL N.HLL.S Qualified In Suffolk County Commission Expires Dec.31,1990 ( This side does not have to be completed on form transmitted to adjoining property owners . ) LAW ❑FFICES CRUSER, HILLS, HILLS & BESUNDER 2 O 6 R O AN OKE AVENUE RIV2RHEAD, N.Y. 11501-2794 516-727-3904 FAX NO: 516-727-3940 S13LITHAMI-TON OFFICE GEORGE L.CRUSER 77 HAMPTON ROAD EI3GAR HILLS SOUTHAMPTON,N.Y. 11SSS-4S2S MICHAEL N.HILLS 516-283-4485 HARVEY S.BESUNDER NANCY BURNER June 6, 1990 Southold Town Planning Board Town Hall Southold, New York 11971 RE: THOMAS A. SARGENT MINOR SUBDIVISION Gentlemen: The undersigned represents Thomas A. Sargent who hereby makes application for a minor subdivision of property at Fishers Island, New York. The property consists of two ( 2 ) residences on one ( 1) lot. It is Mr. Sargents desire to subdivide the property so that he may sell off one ( 1) of the houses . There are no changes to the property what so ever, and we are making applica- tion to the zoning board for variances . The tax map number for the property is 1000-006-06-007 . Thank you. Very truly yours , CRUSER, HILLS, HILLS & )3ESUNDER Michael N. Hills MNH: llc PF_1A-IfNI!!f/. 'A.RD TO. ;SOU. ,HOvvLD yz{hay, F Sis' FOB I��E?.0 Y Southold, N.Y. 11971 (516) 765-1938 F QUESTIONNAIRE TO BE COMPLETED AND SUBMITTED WITH YOUR APPLICATIONS FORMS TO THE PLANNING BOARD Please complete, sign and return to the Office of the Planning Board with your completed applications forms. If your answer- to any of the following questions is yes , please indicate these on your guaranteed survey or submit other appropriate evidence: 1. Are there any wetland grasses on this parcel? Yes No (Attached is a list of the wetland grasses defined by the Town Code, Chapter 97, for your reference) 2. Are there any other premises under your ownership abutting this parcel? Yes No 3. Are there any building permits pending on this parcel? Yes No 4. Are there any other applications pending concerning this property before any other department or agency? (Town State, County, etc. ) Yes � No 5. Is there any application pending before any other agency with regard to a different project on this parcel? Yes 6. Was this property the subject of any prior application to the Planning Board? Yes No 7. Does this property have a valid certificat6 of occupancy, if yes please submit..a .copy of same (�J No I certify that the above statements are true and will be relied on by the Planning Board in considering this application. Signature of prop rty owner or aut rized agent date Attachment to questionnaire for..-the Planning Board STATE OF NEW YORK, COUNTY OF SUFFOLK, ss: On the 6th day of June 19 9p before me personally came MICHAEL N. HILLS to me known to be the individual described in--and ho exe (ted the foregoin in ument, and acknowledged that tie execu th same. �J No arty ublic i u► L.WLESCo Mpyry puWW State of New Mo.4860267 ChmMed in Suffolk nn9 Commission Expires Ju t Southold Town Planning Board Town Hall Southold, New York 11971 Re: THOMAS A. SARGENT MINOR 'SUBDIVI'SION Gentlemen: The following statements are offered for your consideration in the review of the above-mentioned minor subdivision and its referral to the Suffolk County Planning Commission: (1) No grading, other than foundation excavation for a residential building is proposed. (2) No new roads are proposed and no changes will be made in the grades of the existing roads . (3) -No new drainage structures or alteration of existing structures are proposed. Yours trul , THOMAS A. SARGENT BY: MICHAEL N. HILLS ATTORNEY. APPLICATION FOR APPROVAL OF PLAT To the Planning Board of the Town of Southold: The undersigned applicant hereby applies forZOEHMT C4final) approval of a subdivision plat in accordance with Article 16 of the Town Law and the Rules and Regulations of the Southold Town Planning Board, and represents and states as follows: 1. The applicant is the owner of record of the land under application. (If the applicant is not the owner of record of the land under application, the applicant shall state his interest in said land under application.) 2. The name of the subdivision is to be .Subdivision, of• Thomas• A.. Sargent•. ................................................. .. ............................................ . 3. The entire land under application is described.in Schedule "A" hereto annexed. (Copy of deed suggested.) 4. The land is held by the applicant under deeds recorded in Suffolk County Clerk's office as follows: Liber ...10169 ......... .... . Page . .CP..1. .. .... .. .. ... On . .11/14/86.... .. . . , Liber . ...... .... ............. Page On . ........ .. .. ... . . Liber . ...... .. .. .......... ... Page .. On Liber ..... .. .. .... .......... . Page . .... .... .... . . .. .. ... On Liber . ...... .... .. ........... Page On . , as devised under the Last Will and Testament of . .. . . .... ...... .... ........ .. .. .. .. ... . or as distributee . .... .. ............ .. .. .... .... .. .. .. .. .. .. .. ...... ................... . .. ....... .... ...... ............................. . . . .. .. . . .. . . .. .. .. .. .. ......................... . 5. The area of the land is . .. .... .Y4 .... . acres. 6. All taxes which are liens on the'land at the (late hereof have been paidXM* . .. .. .. .. .. . . . .. .. .. .. .. . . ..... .. .. .. ......... ......... . . . . .. . . .. .. .. .. .. .. .. . . .. .... .. ....... .... .. . . . 7. The land is encumbered by . .. .. .., one (1) mortgage (s) as follows: 14346 102 (a) Mortgage recorded in Liber . .. .. .. . . . . .. . Page . .. .. .. . . . . .. .. ... in original amount of $135,000 .00 unpaid amount $ :13 r 400. 00 hel(l byWilomatic S.avin5rs Institute . .... . . .. .. . . . address . .. ........ .. . .. .. . . . . . . . . . . . . . . .. .. . . . . .. . . .. ... .. .. . . . . . . . ... . . (b) Aort.age recorded in Liber . . . .. . . . . Page . . . .. . . . . . . .. .. . ... . .. . in original amount of . . . .. . . .. .. .. . unpaid amount $. ..... .. . . . . . .. .. . . . . . . . held by . .... .. ...... .. .. .. ... . .... .... .. .. . address . .. .. .... ....... . . . . . . . . . . . . . .. .. .. .. .. .. ..... .. ... ......... .... •r. Y -'(c) Mortgage recorded in Liber Page . .. .... .. ...... . in original amount Of ... .. .... .... . unpaid amount $. .. ... . .: :. .. .. .. .. .. . held by . .. ............. ....... address .. 8. There are no other encumbrances or liens against the land YeR ,,,,, ,,,,,,,,,,,,,, ,, ,,, . ...... .... . . .. .. . . . ... .. .. .. .... ...... ................... 9. The land lies in the following zoning use districts . .,A-1 Agriculture/Residence 10. No part of the land lies under water whether tide water, stream, pond water or otherwise, 1�� cfZ ... ...... ........................ ... . . ........ .. .. .. .. ............................ . 11. The applicant shall at his expense install all required public improvements. 12. The land (does) 4DMY-=) lie in a Water District or Water Supply District. Name of Dis- trict, if within a District is . .. .. . Fishers Island 13. Water mains will be laid by . .. .. .. ,Not .aLpplieable .. - and (a) (no) charge will be made for installing said mains. 14. Electric lines and standards will be installed by . ....Not aP . ieable .. •• •• •• •• •• ••.• ••.••.... ... . . and (a) (no) charge will be made for installing said lines. 15. Gas mains will be installed by . .. .. .. ot,,N .applicable and (a) (no) charge will be made for installing said mains. 16. If streets shown on the plat are claimed by the applicant to be existing public streets in the Suffolk County IIighway system, annex Schedule "LB" hereto, to show same. 17. If streets shown on the plat are claimed by the applicant to be existing public streets in the Town of Southold .Highway system, annex Schedule ''C" hereto to show same. 18. There are no existing buildings or structures on the laud which are not located and shown Oil the plat. 19. Where the plat shotys proposed streets Nvhich are extensions of streets on adjoining sub- diyision maps heretofore filed, there are no reserve strips at the end of the streets 9xisting maps at their conjunctions with the proposed streets. on said 20. In the coarse of these proceedings, the applicant will offer proof of title as required by Sec, 335 of the Deal Property Law. 21. Submit a copv of proposed deed for lots showin all restrictions, covenants, etc. Annex Schedule "D", 2Z The applicant estimates that the cost of grading and required public improvements will be $. ...9..... as itemized in Schedule "E" hereto annexed and requests that the maturity of the Performance Bond be fixed at ..... ..Q... . .. years. The Performance Bond will be written by a licensed surety company unless otherwise shown on Schedule "F'. DATE ..........June .. 19..90 Thomas, A. Sargent ... .... ... ...... ......... (Name of Applicant) By /� � .. ...... .... . .. . . ( ignature and Title) MICHAEL N. HILLS ATTORNEY. 206 Roanoke Ave.., Riverhead, NY ......................... (Address) 11�.a�. STATE OF NEW YORK, COUNTY OF . ...S FOLK ,,, ss On the . .... . lst June 90 day of. .. ...... . . ..... .... .. .. .. .. .. 19. .. . . .. before me personally came MICHAEL N...HILLS ,. .. .,. . . to the knrvn'�to be the individual descr' d i and who executed the foregoing instrument, and acknowledged th .. . .. ... e x e cu It �t hj s a m i j . .. .. . ... .. ..... .. . otary ublic STATE OF NEW YORK, COUNTY OF . .... ... . .. .. .. . . ...... .... . ss: On the . .. . ... .. .. . ... . day . .... .. ..... of . .. . . .. .. .. ... .. 19... .. ., before me personally came i� • • • • • • • • . . . . . . . ... .... . to me known, who being by me duly sworn did de- pose and say that . .. .. . . .. .. . resides at No. . .. .. .. .. .... .. .. .. .. . . .. .. .... .... ............ . . .. . . . . . . . . . . . . . . . .. . . . . . . . .. . . . .. .. . that . .. . . . . .. .. .. .. .. .. .. .. ... is the . .. .. .. ... ... .. . . .. .. . . .. . . . of . . . .. ... . .. .. . . .. .. . .. .. . .. . . .. . . . . .. . . .... . . . . .. .. .. .. ........ .. . . . . . . . . . the corporation described in and which executed the foregoing Instrument; that . .... .. .. .. . knows the seal of said corporation; that the seal affixed by order of the board of directors of said corporation. rir;�l tli:it . . . . . . . .. . . . signed . .. .. .. . .. . .. . name thereto by like order. Notary Public. . . . . . . . . .. .. .. ..... .. . ..... ..... . `I i Yh j 'J :b 10* Ip ,1 14 CRE". No 13o ui to 9 3.1 A 6.0A 5 CRESC T el 4, 13.OA 3 2 2 2.3 A a.0A(Ij IAI. 7 3* % 21.:A 2,9�1 UA(11 6 2.1 A 14.1 4ft) L IA(I) 3 I..A 7 �6AIII 15 20.3 oA 16.1 uj 4 5 20 2.4A 5.1 IoA An 6 A( 2 AAtIl 7"4 COUNTY OF SUFFOLK To- SOUTHOLD 006 Real Properly Tax Service Agency 11- It, c...., ."w"No 1000 L 1.th-v.A _7 L 4 ' _ J �Y i L. Y • lJ r`•V3:tg•sue. , •` a ,�i�Il �... • - - ,i 1, + : •�r • I�F • 2 HOME THE DMSION 1 CHICA00 TITLE INSURANCE COMPANY COUNTY OF SL FEM K) TITLE N0. 8 9 0 8-0115 7 )SS. STATE OF NEW YtORK) THIS is to Certify that Thomas A. Sargent & Allison Ljams, his wife is (are) the owner(s) of record of southwesterly corner of the hereinafter described premises; sd point being North 4 , 585. 93 feet & West 1, 719.. 37 feet from U.S. Coast & Geodetic survey Station "PROS" Dist. 1000 Sec. 006.00 Block 06 . 00 Lot 007. 000 THAT they acquired title- thereto by deed dated 11/3/8 6 reoorded in Libor 10169 cp 01 on 11/14/8 6 that I have made a search of the records of the Suffolk County Clerk and/or Registrar's Office, and'that said search shows that Neither the said owner nor any predeces»or in title of the said premises owned contiguous property at any tune since 1957 except as follows: PREMISES ON NORTH That the applicant herein does not own any contiguous property except as follows: PREMISES ON SOUTH This certification is made with the intention of the reliance thereon by the Board of Appeal's and/or Building Dep i> tlnent of the Tbwn of SOUTHOLD CAROLYN MC PHERSON Law Department Sworn to before me this , 19th day of APRIL 19 89 Notary Public, Suffolk County, N.Y. RONALD KANKA NOTARY PUBLIC,State of New York No. 52-7153235, Suffolk County Commission Expires SUBJECT RREMISES: Dist. 1000 Sec. 006. 00 Blk. 06 .00 Lot 007 .00o Robert Hammond McLeod Dated: 8/23/49 to Rec'd: 9/25/50 Albert D. Dawson and Liber 3130 cp 427 Dorothy M. Dawson, his wife Albert D. Dawson and Dated: 5/2/64 Dorothy M. Dawson, his wife Rec'd: 5/5/64 to Liber 5537 cp 580 J.B. Hartsfield and Audrey Hartsfield, his wife J.B. Hartsfield and Dated: 11/3/86 Audrey Hartsfield, Rec'd: 11/14/86 to Liber 10169 cp 01 Thomas A. Sargent and Allison Ijdms, his wife LAST OWNER OF RECORD PREMISES ON NORTH: Dist. 1000 Sec. - 006 . 00 Blk. 06 .00 Lot 006 . 000 Cornelius Duncan and Dated: 3/--/23 Ella Duncan, his wife Rec'd: 4/14/23 to Liber 1069 cp 221 William Lawson and Florence Lawson, his wife Florence Lawson died 10/16/.35, William Lawson died 10/5/40 Administration leaving G. William Lawson, son, Albert Lawson, son and Charlotte Berrian, daughter. G. William Lawson and Dated: 8/30/66 Louise Lawson Rec'd: 9/28/66 to Liber 6040 cp 266 J.B. Hartsfield, - Audrey Hartsfield and Dana May Hartsfield LAST OWNER OF RECORD PREMISES ON EAST: RIGHT OF WAY -continued- 8908-01157 Page 1 s PREMISES ON SOUTH: Dist. 1000 Sec. 006. 00 Blk. 06 . 00 Lot 012 . 000 Kate M. Newton Dated: 8/22/22 to Rec'd: 9/13/22 Elizabeth W. Abbott Liber 1050 cp 485 George W. Abbott Dated: 12/2/85 to Rec 'd: 12/10/85 Cecilia Smith Abbott Liber 9932 cp 383 Mildred W. Simpson •Dated: 11/19/85 to Rec'd: 12/10/85 Cecilia Smith Abbott Liber 9932 cp 391 James F. Nimblett Dated: 1/8/86 to Rec 'd: 2/6/86 Cecilia Smith Abbott Liber 9974 cp 435 William H. Witt Jr. Dated: 1/21/86 to Rec 'd: 2/6/86 Cecilia Smith Abbott Liber 9974 cp 433 Helene Abbott Warrek Dated: 4/8/86 to Rec 'd: 5/6/86 Cecilia Smith Abbott Liber 10031 cp 511 Cecilia Smith Abbott Dated: 5/20/87 . to Rec '.d: 5/29/87 Thomas A. Sargent and Liber 10330 cp 251 Alison D. !jams LAST OWNER OF RECORD • PREMISES ON WEST: Dist. 1000 Sec. 006. 00 Blk. 06. 00 Lot 003 .000 Nina Tilford Cameron Dated: 11/14/38 to Rec 'd: 11/18/38 George H. Cameron, an Liber 2016 cp 72 undivided 1/2 int. Nina Tilford Cameron CORRECTION DEED: to Dated: 1/3/39 George H. Cameron, an Rec'd: 1/9/39 undivided 1/2 int. Liber 2D22 cp 520 -continued- . 8908-01157 Page 2 4 PREMISES ON WEST: (CONTINUED) The Augusta National Bank Dated: 2/23/55 of Staunton, as ancillary Rec'd: 3/4/55 Admin. of LW&T of George 11. Liber 3848 cp 123 Cameron to Alfred F. King Jr. and Nancy N. King, his wife Cornelia Tilford Cameron a/k/a Dated: 2/1/55 Nina Tilford Cameron, Rec'd: 3/4/55 Margaret Cameron Creel Liber 3848 cp 126 Nina Cameron Thompson, indiv. and heirs at law and distributees of George H. Cameron deed to Alfred F. King Jr. and Nancy N. King, his wife LAST OWNER OF RECORD 8908-01157 Page 3 BOARD OF APPEALS. TOWN OF SOUTHOLD In the Matter or the Petition of THOMAS A. SARGENT NOTICE TO to the Board of Appeals of the Town of Southold ADJACENT TO: J B HARTSFIELD PROPERTY OWNER Fishers Island, NY YOU ARE HEREBY GIVEN NOTICE: 1. at it is th' intention of the undersigned to petition the Board of Appeals of the Town of Southold to request (Variance) (Special Exception) (Special Permit) (Other) [circle choice] 1. 2. That the property which is the subject of the Petition is located adjacent to-your property and is des- cribed as follows: R/WS of Fox Avenue, Fishers Island, New York 3. That the property which is the subject of such Petition is located in the following zoning district: A-1 Agriculture/Residence 4 That by such Petition, the undersigned will request the following relief: Minor Subdivision 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article Section [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road Southold, New York and you may then and there examine the same during regular office hours. (516) 765-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: June 20 , 1990 THOMAS A. SARGENT Petitioner Owners ' Names : J B Hartsfield Post Office Address Fishers Island, New York Tel . No . ( ) [Copy of sketch or plan showing proposal to be attached for convenience purposes . ] BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of THOMAS A. SARGENT NOTICE TO to the Board of Appeals of the Town of Southold ADJACENT TO: STOWE C. PHELPS PROPERTY OWNER 149 East 73rd Street New York, NY 10021 YOU ARE HEREBY GIVEN NOTICE: 1. T at tt i e intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (Variance)(Special Exception) (Special Permit) (Other) [circle choice] 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: R/WS of Fox Avenue, Fishers , Island, New York 3. That the property which is the subject of such Petition is located in the following zoning district: A-1 Agriculture/Residence 4 That by such Petition, the undersigned will request the following relief: Minor subdivision 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article Section [ ] Section 280-A, New York Town Law for approval of access over rights)-of-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road Southold, New York and you may then and there examine the same during regular office hours. (516) 7�5-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date.of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: June 20 , 1990 THOMAS A. SARGENT Petitioner Owners ' Names : Stowe C. Phelps Post Office Address 149 East 73rd Street New York, New York 10021 Tel . No . ( ) [Copy of sketch or plan showing proposal to be attached for convenience purposes . ] BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of THOMAS A. SARGENT NOTICE TO to the Board of Aaaeals of the Town of Southold ADJACENT TO: STEVEN FIGALL PROPERTY OWNER Box 1740 Hobe Sound, Florida 33455 3 1 YOU ARE HEREBY GIVEN NOTICE: 1. Th it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request (Varianc ) (Special Exception) (Special Permit) (Other) [circle choice] 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: R/WS of Fox AVPn77P., Fi cl,P,-� T_1 and , New York 3. That the property which is the subject of such Petition is located in the following zoning district: A-1 AC�YI C'lll t i]YP�RP4l dPnr-P 4 That by such Petition, the undersigned will request the following relief: Minor Subdivision 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article Section [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road Southold, New York and you may then and there examine the same during regular office hours. (516) 7f;5-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated:_ June 20 , 1990 THOMAS A. SARGENT Petitioner Owners ' Names : Steven Figall-_ Post Office Address Rnx 17dn Hobe Sound, Florida 33455 Tel . No . ( ) [Copy of sketch or plan showing proposal to be attached for convenience purposes . ] 2.9 A 4Z CRE NO We Po 13.aA 4 1. 0 CR 4VE 3 4. 40 2.3 A 3.1 4,41 25.1 A[.I �' I• - 1 _`L e,2 J ::'d, �`\3 \ UAI.) • 1.11 9A I -4 s 2.1 A 3 "Alt) L3A • 3-41 is 1.4AW .3 14 A LEW- t Ich > 132.'Ajcjj ;A • 2..5 2.4A 5.19 IA IOA I OAfd .AW 1.5A II Lae L.AW 2 A[,) c 4 "0 IE Leg,,d K .4 AIP @ UFFOLK "'j' COUNTY OF S To OF SOUTHOLD SECTION No. Real Property Tax Serv;ce Agency VILLAGE Of -———--- 006 1000 .. PROPERTY MAI' PROOF OF MAILING OF NOTICE 1 ATTACH CERTIFIED MAIL RECEIPTS NAME ADDRESS J B Hartsfield Fishers Island, NY Steven Figall Box 1740 Hobe Sound, Florida 33455 Stowe C. Phelps 149 East 73rd Street New York, New York 10021 f STATE OF NEW YORK ) ss.: COUNTY OF SUFFOLK ) LAURIE CARLESCO , residing at Ronkonkoma, New York , being duly sworn, deposes and says that on the 20th day of June , 19 90 , deponent mailed a true c y of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the ad re ses set opposite their respective names; that the addresses set opposite the names of said persons are the ad resses of said per ons as shown on the current assessment roll of the Town of Southold; that said Notices er mailed at the nited States Post Of- fice at Riverhead , New .York ; that said otice w re mailed to ea h Slid persons by (certified) (registered) mail. URIE CARL Sworn to before me this 28th day of June 19 90 Notary Public MICHAEL H-HILLS Notary public,State of Now York N0.6902735 Qualified in SuffolkeCounty N commission Expires ( This side does not have to be completed on form transmitted to adjoining property owners . ) NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN,I pursuant to Section 267 of the Town Law,and the.Code of the Town of - Southold;the following hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular Mee�ing,at the Southold Town hall,Main Road, Southold, STATE OF NEW YORK) NY 11971, on WEDNESDAY, )SS' JULY 25, 1990, at the following ' times: COUNTY OF SUFFOLK) 7.30 p.m. Appl. No.,3954 PHILIP SALICE. Variance to the -Zoning Ordinance,Article III A, Yvonne Lieblein of Mattituck, in Section 100-30A.4(100-33),Article XXIII,Section 100-239.4 B, for said County, being duly sworn,says that he/she is Principal permission to:construct an acces- Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, sory shed and deck with gazebo. Accessory shed is less than 3 ft.1 published at Mattituck, in the Town of Southold, County of from a.lot line,gazebo is located inl Suffolk and State of New York, and that the Notice of which the front yard anC gazebo and deck are less than 75 ft. from the bulk_ the annexed is a printed cbpy,has been regularly published in head..Property Location: 1945 Bayview Avem,,z,Mattituck,Coun- said Newspaper once each week for 19— weeks ty Tax Map No: 1000,Section 106, successively-.-comrheincing on the day of Block 06,Lot 37. July }. 1990 7:3b-p.in:�-APpI;_No:3960:.-1 '� ' �TH.OMA�$':&-.ALLISONS:SAR- ;GENT.-Variance to the Zoning Ordi- nance, Article III A,Section 100- 1�1/ 30A.3,for permission to subdivide a non-conforming lot. Proposed construction of new lot will have Principal Clerk ` insufficient width,depth and'total lot area for this district. Property Location: Private Road of Fox Avenue,Fishers Island,County Tax Map No. 1000, Section 06:'Block Sworn o m efore e this. 06 Lot 7:40 p.m. Appl. No. 3955 — I day of 1 MARY K.DEGNAN DOMINICK SBLENDIDO & A. { VOTARY PUBLIC,State of N""Yorlt AURICCHIO. Variance to the Zon- Suffollt County fro.4849860 ing Ordinance,Article III A,Section i Term Expires February�(�1 7 100-30.3,,Article XXIII,Section 100-230(A),Article ILIA,Section 100-30A.2.A(l)(100-31A),for per- mission to construct an addition to existing one family dwelling. Pro- posed construction is not a permitted use (1) one-family detached —7:55 p.m. Appl. No. 1015 -, dwelling nor to exceed one (1) -JORDAN'S PARTNERS.Variance dwelling on each lot(a two family to the Zoning Ordinance, Article dwelling is not a permitted use). VII Section 100-71,as disapproved, a Property Location: 185 Inlet Lane, for permission to construct office D Greenport, County Tax Map No. and retail stores.Proposed construe-, 1000,Section 43,Block 004,Lot 37. •7:45 p.m. Appl. No. 3956— tion is not a permitted use in this JULl it 2 O 1990 I.T.MT)GATES.Soecial Excention District. Property Locations: 1000, 7 U to the Zoning Ordinance,Article X, Main Street and 160 Main Road! Section 100-101B,for permission to Greenport, County Tax Map Nod occupy and use as a Billiard parlor 1000,Section 34,Block 2,Lot 1. for commercial recreation.Property The Board of Appeals will at said Location: 4250 County Road 4 time and place hear any and all per C Southold; County Tax Map No.. sons or representatives'desiring to bi 1000;Section 55,Block 5,T.ot 7. heard in each of the above matters 7:50 p.m. Appl. No. 3701 — Written comments may also be sub CHARLES,_ZAHRA. Variance to mitted prior to the conclusion of thi the Zoning Ordinance,Article XXV, subject hearing. Each hearing wil Section 100-243,Article XXV,Sec- not start before time allotted. Addi= tion 100-244,for permission to con- tional time for your presentation will tine to use.the second floor arart- be available, if needed. For more; ment as a non-conforming use. information,please call 765-1809. Property Location: 140 Pike Street, Dated:July 17,1990 Mattituck, Coltnty Tax Map No. BY ORDER OF THE SOUTHOLD 1000,Section 141,Bloca 4,Lot 5`1 TOWN BOARD OF APPEALS GERARD P.GOEHRINGER CHAIRMAN (A By Doreen Ferwerda ._67d5-tTJv19_ _ ------ -G Ll RR• •� UAW L. • f•• • aNltl N ttt to a M. t 4 " � M rt..• . • 1 .l ~ as ts• • amw It b gab • • k , . r. • •1 _ ,...►t u,af' 3 t • •� awe t ,• C 59 It co •R•• __ •71 S tw.Nl YN•1 .•• 7 ft • 9A � l6 Y••.• C •+ t 'u Lt." u• A • FtL JO f 1 f.4. M �,► •J • • IL 14.1 =1 O UAW : / + r t.. 4 i 50 On —€L t i T E �I DTF- 0 U'! I ECtc• / C000INATE pIST�.NCES ACE Rl •� � /I i AND GEODE 11C 50YVEY / Z �• TKIAWGUc.AT l0 5TAT p- �\lom I I I _ _ — — �.,s�� I I Z PROS' 4> " r I _, / i wo Z Iea>'IT 22 / UYrLI-�1�5 x c Un Wo bela / M Y! 0- z E5 k 1.0WMIX 59bDtV1Dl;�A THOM&.5 A EN,.`&Z-6T thou • 78°p / / o� �• t00 NIGH ST. CH. YJ-EST J MAs5 . 001Z-� C>o��p� 3'2o"h/. ,. / "'\0 2. M-0rF-7-V IS 'LIZATED "IQ Z%IE K-1 AGKI/Kes. / I 1 z•�, / �• 3, SITE 15 L044TED ICI 5UFFOLY- 001tiY, TMA DF SOU►HOLD, D15MI(T 1000, TAX MAY b FRM-b, LOT 7) F �y �o,, M 11�101� Svgt7t Y I�lo� �L_AN SIC1400L D15TE.16T 4. 4'. 60MT0LX- )tNTEKUL = 5 FEET ` Sy,r—y1✓Y SASE FOE. 1-ENELS - b,Vir-0XIMAYE M,5,L-. PYL . $CUllQGE MPOShL 15 EX15T1U6 ON SITE -D �atL DENOTES SEPTIC SY5TEV LOCAX IO M S . fo• SITE 15 5F-7,VKED V MUNICIVAL WAT3=V, 5Y5.17EW. �Hd A� �• SAV-(Srml�4T 7• Ta'�"A t AT�E.,e..: I Or Z�`i + 5 ' �t 4,9:56 t SQ. FT. OF N,N, `o H.H.ST9o0q� I IMREBY CERTIFY THAT THIS MAP,WAS .MADE FROM ACTUAL, SURVEYS COMPLETER DUNE 15,1589 m . D L5 V l5 A`ND MONUMPNTS"ARC SET ;AS •SHOWN. A. / k[lltb /yam i /l�'LS, �0• 049521 �-LO C 1 1 A.�.1 D L E r— Pam►-I`/1 E� ,Fr, �'t 1.l G "A DECLARATION OF COVENANTS AND RESTRICTIONS F� AFFECTING THE LOTS IN THIS SUBDIVISION HAS BEEN FILED IN THE OFFICE OF THE SUFFOLKo//� e COUNTY "CLERK IN LIBER" PAGE AUGUS`1" b, 1990 Y - s i -�' k, - - k 4 r k'. {;, i J 4':A. 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